By Mani Dabiri | Published January 25, 2020 | Posted in Civil Business Litigation and Investigations, Post-Conviction Defense and Appeals | Tagged Tags: history, jurisdiction |
An Impending Point of No Return
A prominent federal court of appeals has dismissed a lawsuit that aimed to compel the government to respond to climate change more urgently. It’s an interesting case. Essentially, the plaintiffs wanted an injunction that ordered the government to phase out emissions from fossil fuels and reduce carbon dioxide in the atmosphere. Or to come up with a Read More
Read MoreAnd Then There Were Six
On Wednesday, the longest-serving justice of the California Supreme Court announced that he would retire this summer. It’s a big deal for a court that seats only seven. Ming Chin, the state’s first Chinese-American justice, will hang up his robe after nearly twenty-five years on the high court. Before that, he served on the trial court Read More
Read MoreA Promise Is A Promise
Brilliant. In 2020, thirty-nine top prosecutors from across the country have promised to visit the jails and prisons in their jurisdiction and to require their line prosecutors to do the same. What’s more, they’ve pledged to make it part of the job description going forward. That’s thirty-nine district attorneys, county attorneys, or state attorneys from Read More
Read MoreYou Cannot Be Serious
The Fourth Amendment is supposed to protect your right to be secure against “unreasonable searches and seizures.” Those are the actual words of the text, which is why I put them in quotes. But earlier this month, the federal court of appeals that covers California and eight other states could not say whether it violated the Fourth Amendment Read More
Read MoreWhen the Government Goes to Trial
Every now and then, a court will speak to the core of the laws that govern our way of life. Last week, the California Court of Appeal said something profound for the 21st century. Sure, it’s been said before but maybe not in this way, updated for the modern day, spelled out in language we all understand. Read More
Read MoreProsecutors Endorse Pell Grants for Prisoners
On Thursday, the nation’s largest organization for prosecutors endorsed an idea we touched on a few weeks ago. Let people in prison apply for federal grants toward higher education. Don’t cut them off completely. In the press release, the National District Attorney Association backs a federal bill that would restore eligibility for Pell grants to prisoners Read More
Read MoreA Feel-Good Story From Our Backyard
Earlier this month, a group of law students from the University of California, Irvine did something special: they won the release of an elderly inmate based on the law of compassionate release. That is not easy to do. Before a recent new law, it was nearly impossible, and even now, it’s exceedingly rare. But the man Read More
Read MoreGiving the Gift of Education
How’s this for an idea? Let’s reinstate Pell grants for people in prison. What are those? They are federal grants that help people pay for college who otherwise can’t. They require you to use the money for higher education and maintain satisfactory progress toward a degree. People in prison were eligible for them until 1994 but Read More
Read MoreFailing to Point Out the Other Side’s Fail
Last week, the U.S. Supreme Court answered a notable question in the world of employment litigation. Does it matter that an employee failed to follow the “right-to-sue” process before suing for discrimination, if the employer never complains? The answer: No. What if the employer does complain but takes its sweet time doing so? The answer: Still Read More
Read MoreCalifornia’s Cannabis Control Appeals Panel
We end our series on the state’s pot regulations with a look at the administrative panel that will hear appeals from adverse licensing decisions. There, you’re entitled to a fair and impartial review of whether your regulator treated you right; whether its decision was supported by its findings; and whether its findings were supported by substantial evidence in Read More
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