News & Analysis as of

State Constitutions California

Snell & Wilmer

Two More Tribes Enter Suit Over California Card Rooms’ Banked Games

Snell & Wilmer on

“Defendants [California card rooms] operate, participate in, and facilitate illegal gambling,” according to a complaint filed on April 1, 2025, by the Rincon Band of Luiseno Indians (the Rincon Band) and the Santa Ynez Band...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Allen Matkins

Should Law Schools Teach The California Constitution?

Allen Matkins on

Yesterday's edition of the Los Angeles Daily Journal included an above the fold headline proclaiming "growing chorus for state constitutions should be taught in law schools".   I don't recall such a course being offered when...more

Miller Starr Regalia

Third Time’s the Charm: Third District Crowns State the Winner By Legislative Decree In Third Published CEQA Decision Arising From...

Miller Starr Regalia on

“Do not go gentle into that good night. Rage, rage against the dying of the light.” – Dylan Thomas. In a published decision filed October 7, 2024, the Third District Court of Appeal affirmed the trial court’s judgment...more

Littler

Bracing for Impact if California Voters Approve Statewide Minimum Wage Increase

Littler on

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation. While the...more

Perkins Coie

California Supreme Court Upholds Proposition 22

Perkins Coie on

The California Supreme Court issued its decision in Castellanos v. State (Castellanos) on July 25, 2024, ruling Proposition 22 (Prop 22), the initiative that allows businesses to classify drivers for app-based transportation...more

Alston & Bird

Land Use Matters August 2024 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

City of Los Angeles - Increase to Planning Applications and Affordable Housing Linkage Fees - On July 1, 2024, the fee for planning and land use applications increased by 3.5% based on the Consumer Price Index for All Urban...more

Allen Matkins

Is A Notitia Congregationis Valid In California?

Allen Matkins on

California is a very linguistically diverse state with an estimated 200 plus different languages being spoken.  Within my own family, English is not the primary language spoken at home by any of my grandchildren.  Yet, the...more

Littler

California Supreme Court Upholds Proposition 22

Littler on

After years of litigation, the California Supreme Court upheld Proposition 22, a voter-approved law allowing app-based drivers to work as independent contractors. The Court rejected a challenge by a group of labor unions,...more

Orrick, Herrington & Sutcliffe LLP

California Supreme Court Blocks Sweeping Measure to Limit State and Local Authority to Implement Taxes

The California Supreme Court has blocked Initiative 1935—the so-called “Taxpayer Protection and Government Accountability Act”— from appearing on the November 2024 ballot. The court ruled unanimously that the “measure exceeds...more

Brownstein Hyatt Farber Schreck

CA Supreme Court Blocks Taxpayer Protection Act from November 2024 Ballot

Constitutional limitations to raising revenue are becoming increasingly relevant for water and other governmental agencies as well as their customers and landowners in response to aging infrastructure, climate change and...more

Seyfarth Shaw LLP

The Superior Court of California Invalidates the HOME Act

Seyfarth Shaw LLP on

Several cities in California successfully petitioned for a writ of mandate seeking the invalidation of California Senate Bill 9 (the HOME Act)....more

Brownstein Hyatt Farber Schreck

New Bills Aim to Protect Water Rates, Charges from Prop. 218 Litigation

Lawmakers introduce tools to ease pressure from SGMA and infrastructure demands on public agency revenue powers - Adopted in 1996, Proposition 218 (and later Proposition 26 in 2010) amended the California Constitution to...more

Allen Matkins

Superior Court Ruling: Charter Cities Not Subject to SB 9

Allen Matkins on

On April 24, 2024, a Los Angeles County Superior Court ruled that Senate Bill (SB) 9 does not apply to charter cities because it violates the authority granted to charter cities by the California Constitution to manage their...more

Allen Matkins

As Foretold, California's New Forced Speech Laws Are Being Challenged

Allen Matkins on

Last year, I commented on the likely unconstitutionality of two California laws compelling forced speech...more

Allen Matkins

In California, You Can Stuff A Turkey But Not A Bill

Allen Matkins on

Article IV, Section 9 of the California Constitution provides "A statute shall embrace but one subject, which shall be expressed in its title".  This rather simple notion, absent from the United States Constitution, dates...more

Allen Matkins

What Is The Governor's Authority To Appoint A U.S. Senator?

Allen Matkins on

Following the recent passing of Senator Diane Feinstein, California Governor announced the appointment of Laphonza Butler to complete Senator Feinstein's term in the U.S. Senate.   Yesterday, Harvard Law Professor Stephen E....more

Snell & Wilmer

Board Diversity Initiatives Falter in the Courts but Investor Interest Is Likely to Remain Strong

Snell & Wilmer on

Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The...more

CDF Labor Law LLP

Proposed California Constitutional Amendment For The Right To Organize And Negotiate With Employers

CDF Labor Law LLP on

Last week, Senate Constitutional Amendment 7 (“SCA 7”) passed the California Senate Labor Committee. This provision, if placed before the voters and passed, would add Section 1.5 to Article XIV of the California Constitution....more

Akin Gump Strauss Hauer & Feld LLP

Assembly Bill 979, California’s Board Diversity Statute, Ruled Unconstitutional

On May 15, 2023, the Eastern District of California ruled that California Assembly Bill No. 979 (“AB 979”) violates the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment and 42 U.S.C. § 1981. As enacted,...more

Allen Matkins

Are Lawyers Who Author Or Vote For Unconstitutional Laws Subject To Discipline By The California State Bar?

Allen Matkins on

The California State Bar Act imposes a duty on attorneys to "support the Constitution and laws of the United States and of this state".  Cal. Bus. & Prof. Code § 6068(a).  Many California legislators are members of the...more

Best Best & Krieger LLP

In With the New – Part One

BB&K’s New Law Guidance for a Well-Informed Start to 2023 - At the top of each new year, Best Best & Krieger LLP provides critical legal updates for public agencies and businesses based on new laws and court decisions from...more

Allen Matkins

The Legislature Has Recessed But Can It Still Pass Bills?

Allen Matkins on

Because this is the second year of California's current legislative biennium, the legislature went into final recess on August 31.  J.R. 51(b)(3).  This does not mean, however, that the legislature has adjourned.  A recess is...more

Allen Matkins

Are Religious Corporations Constitutional?

Allen Matkins on

Like Gaul, the California Nonprofit Corporation Law has three major parts ("Gallia est omnis divisa in partes tres').  These three parts govern the formation and operation of three different types of nonprofit corporations:...more

Foley & Lardner LLP

A Post Roe World: California’s response to Dobbs v. Jackson Women’s Health

Foley & Lardner LLP on

In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, California has taken significant steps to ensure continued ability to access abortion care in the state, and making additional funds available to...more

42 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide