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Overview On January 15, 2020, Justice Ming William Chin — the court’s longest-serving sitting member — announced that he will retire in August. His distinguished, 24-year tenure has spanned three chief justices and five governors. Former Governor Pete Wilson, who appointed Justice Chin to the state high court in 1996, praised him as “a model of judicial excellence.” Chief Justice Cantil-Sakauye described Justice Chin as a “valuable mentor” and stated “his loss to this court will be incalculable.” In this article we analyze Justice Chin’s contributions to California law and reflect on his remarkable career. Justice Chin has been a...

Overview The effect a majority of four justices appointed by Governor Jerry Brown might have on the California Supreme Court has been a major question in the past few years. After all, the last time four Brown appointees controlled the court it endured its most chaotic period in the last century. With the fourth Brown appointee (Justice Groban) having completed his first year on the court, we examined the court’s opinions from February 2015 to December 2019 for evidence that such times are upon us again. We found little support for a conclusion that another ultra-partisan-liberal Rose Bird era is...

CLICK HERE TO REGISTER March 6, 2020 9:00 a.m. – 4:15 p.m. The Bar Association of San Francisco 301 Battery Street, San Francisco, CA 94111 8:30-9:00 Registration 9:00-9:15 Welcome/Opening Remarks 9:15-10:15  The Impact of California Cannabis Coalition v. City of Upland on Tax Initiatives In 2017, the California Supreme Court issued a 5-2 decision in City of Upland expressing a decision on a narrow issue, that local measures introduced by voter initiative were not required to be presented in a general election, but could be presented in a special election instead. This panel will discuss this decision which sparked a...

Overview On January 21, I attended “Diversity Summit 2020,” a program convened by the Bar Association of San Francisco, Berkeley Law’s California Constitution Center, and California ChangeLawyers. The conference explored two questions to address the state of diversity in the legal profession: Where are the leaks in the pipeline? And what can we do to fix them? As I recently wrote in the Daily Journal, legal profession surveys show that the profession has a persistent, systemic inclusivity problem. This conference brought together key stakeholders — including California’s Chief Justice Tani G. Cantil-Sakauye, leaders from the Bar Association of San Francisco,...

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...

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...

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...

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...

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...

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.