Tagged: Analysis

Waste of Space: S208611 California Charter Schools Association v. Los Angeles Unified School District et al.

Today, the California Supreme Court is hearing arguments in California Charter Schools Association v. Los Angeles Unified School District. In this case the court will decide whether the Court of Appeal adopted an incorrect methodology for determining what facilities a school district must afford to a charter school under the Education Code.  The case touches on statutory interpretation, a voter-enacted charter school law, and principles of fairness in an overcrowded and underfunded school district. Proposition 39 was enacted in 2009 as an initiative measure.  It requires school districts to provide to charter schools “facilities sufficient for the charter school to...

What can we learn from Justice Leondra Kruger’s arguments before the U.S. Supreme Court?

What can we learn from Justice Leondra Kruger’s arguments before the U.S. Supreme Court?

California’s newest Supreme Court Justice, Leondra R. Kruger, served from 2007 to 2012 as an Assistant to the Solicitor General of the United States. Hired initially by Republican Solicitor General Paul Clement, Kruger served under six different confirmed or acting Solicitors General. When Neal Katyal was elevated to Acting Solicitor General in 2010 he appointed Kruger as his Acting Principal Deputy, the second-highest position in that office. Kruger’s appointment as Principal Deputy in 2010 capped an unusually fast rise, indicative of Kruger’s innate skills as well as her ability to command respect from peers and, indeed, experienced colleagues much older...

Introduction by Joseph Grodin, Former Associate Justice, California Supreme Court

Introduction by Joseph Grodin, Former Associate Justice, California Supreme Court

Adam Liptak, writing for the New York Times a few years ago, called the California Supreme Court the “most influential state court in the nation” and for good reason. A study published in the U.C. Davis Law Review, which focused on the number of times state court decisions were cited by other state courts, found California’s high court to be the winner by a landslide. But if one were to judge solely by the table of contents of leading law reviews, one would hardly know that to be the case. It is not that law reviews have been shunning the...

The Tolling Effect of the Federal Supplemental-Jurisdiction Statute

The Tolling Effect of the Federal Supplemental-Jurisdiction Statute

In Brief On July 7, 2014, the California Supreme Court issued a unanimous opinion in City of Los Angeles v. County of Kern, holding the federal supplemental-jurisdiction statute to provide only a “grace period” of thirty days to refile a supplemental claim in state court after dismissal by a federal court. Under this holding, if a plaintiff refiles the claim in state court more than thirty days after a federal dismissal, the plaintiff could be barred by the state statute of limitations. Background Although federal courts are courts of limited jurisdiction, they may hear state claims under circumstances allowed by the...