Category: Uncategorized

Happy trails, Justice Chin

Happy trails, Justice Chin

Justice Ming W. Chin today announced he will retire from the Supreme Court of California on August 31, 2020 after 25 years on the state high court. He served California well and he will be missed. We wish him a happy retirement. The 2019 SCOCA year in review article currently in the works will feature a retrospective of Justice Chin’s contribution to the court, and some thoughts on what his departure might mean. At the very least it means all eyes in the profession will turn to Governor Gavin Newsom, who now has the first opportunity to appoint a justice in the...

Event announcement: Diversity Summit 2020

Event announcement: Diversity Summit 2020

WHEN: Tuesday, January 21, 2020 LOCATION: 301 Battery Street Click here to register! 1:00 — Keynote Speaker Chief Justice of California Tani G. Cantil-Sakauye 2:00 — Current state of the profession Executive Director Yolanda Jackson (BASF) and Donna Hershkowiz (State Bar of California) will analyze recent data on the profession’s diversity and pipeline programs. 3:00 — Evaluating pipeline programs Executive Director Chris Punongbayan (Changelawyers) and Director of Programs for Academic and Bar Success Sara Berman (AccessLex) will will analyze issues across the legal education continuum from admission to licensure, and make recommendations to increase diverse law school matriculants, graduates, and...

Municipal taxes are (almost) always municipal affairs

Municipal taxes are (almost) always municipal affairs

Overview The California Supreme Court has avoided bright-line rules when analyzing local ordinances under the Article XI, section 5 municipal affairs doctrine.[1] For example, the most recent state high court case on municipal affairs endorsed an interest-balancing approach to determine whether an activity is a matter of local or statewide concern.[2] But while the court disavows a categorical approach, one factor reliably predicts results in municipal affairs decisions: the court rules for the city in nearly every case that concerns local finance, especially taxes. Analysis For this article we reviewed every California Supreme Court municipal affairs case from 1896 to...

Event announcement: State v. Local Control at Hastings

Event announcement: State v. Local Control at Hastings

SCOCA Symposium 2020 State and Local Control: California’s Battle Over Housing Thursday January 30, 2020 Hastings Alumni Reception Center Register here: https://www.eventbrite.com/e/scoca-symposium-2020-state-local-control-cas-battle-over-housing-tickets-87740432997 Join Hastings Law Journal for our annual California Supreme Court symposium at UC Hastings College of the Law. Our theme this year is California’s state and local control battle over housing, including bills like SB 35, (proposed) SB 50, and related litigation. The symposium will feature a practitioner panel of attorneys discussing the background and impact of these legislative efforts today, and an academic panel covering the different dimensions of growth and housing in the state. Topics of...

Municipal taxation is now interesting

Municipal taxation is now interesting

Overview Last week the California Supreme Court decided City and County of San Francisco v. UC Regents (S242835 docket and opinion), and in unanimously ruling for the city the court reshaped the local finance landscape and employed a clear new vision for resolving state–local conflicts. The case involved a mundane matter of whether a city can tax private users of parking lots owned by state universities. The universities argued that, as sovereign state entities, their real property operations could not be taxed by local governments.[1] The city argued that the core municipal taxation power was paramount here, and taxing private...

Governor Brown Nominates Joshua Groban to SCOCA Seat

Governor Brown Nominates Joshua Groban to SCOCA Seat

The Recorder reports that (after a head-fake to the Court of Appeal) in a surprise announcement Governor Brown has nominated the man in charge of searching for someone to fill Justice Werdegar’s empty seat to himself be that replacement: judicial appointments adviser Joshua Groban. Accordingly, our “days since Justice Werdegar’s retirement” countup clock has stopped at eighteen months.

Event announcement: Federalism Now conference

Event announcement: Federalism Now conference

FEDERALISM NOW UC Berkeley School of Law Friday 03 November 2017 9:00 to 5:30 Free admission, registration required. Click here to register! This full-day conference will bring together a diverse set of scholars, practitioners, and policymakers to explore what federalism means now. In this era of shifting state and federal policy positions, what constraints and opportunities does federalism present? Can people of different views agree on rules and principles to guide us going forward? The day is divided between a framing panel and two topical panels, one focusing on federalism and environmental law (climate change, specifically) and the other focusing...

The U.S. Supreme Court Has Misinterpreted The Federal Arbitration Act

The U.S. Supreme Court Has Misinterpreted The Federal Arbitration Act

For parties aggrieved by another’s refusal to arbitrate under a written agreement, the Federal Arbitration Act grants the ability to petition any court of the United States for an order compelling the parties to arbitrate the dispute. The FAA applies where (absent the arbitration agreement) federal courts would have jurisdiction over the subject matter. This article will overview the evolution of modern arbitration agreements, explore the flaws in the current federal law approach to arbitration, and suggest needed reforms. The FAA The first modern arbitration statute was enacted in New York in 1920. That statute made enforceable all arbitration agreements...

Event announcement: SCOCA year in review, featuring Justice Cuéllar

Event announcement: SCOCA year in review, featuring Justice Cuéllar

The SCCBA Appellate Law Committee presents The CA Supreme Court: A Conversation With Justice Mariano-Florentino Cuéllar Download the invite: 8.29.17 The CA Supreme Court AUGUST 29, 2017 12:00 PM – 2:00 PM SCCBA SEMINAR & CONFERENCE CENTER 31 NORTH SECOND STREET, 4TH FLOOR SAN JOSE, CALIFORNIA 95113 REGISTER ONLINE ALSO OFFERED AS LIVE WEBCAST Please join us for a conversation with Justice Mariano-Florentino Cuéllar and a Review of Significant Decisions During the 2016-2017 Term SPEAKERS: Justice Mariano-Florentino Cuéllar, one of the newest Justices on the California Supreme Court. Justice Cuéllar is the former Stanley Morrison Professor of Law at Stanford...

Argument Preview: California Cannabis Coalition et al. v. City of Upland

Argument Preview: California Cannabis Coalition et al. v. City of Upland

The California constitution subjects tax increases proposed by a local government to vote at a general election, but does this requirement also apply to an initiative measure proposed by the people themselves? The particular provision of the California constitution at issue, Article XIIIC, section 2(b), added by Proposition 218 in 1996, does not indicate whether or not it also applies to initiative measures. The Court of Appeal decision[1] under review in this case found that this provision did not govern initiative measures. Therefore, under this reasoning, initiative measures do not need to be submitted to a vote at a general...