Publications
Publications
January 2015 Prison Break - Correctional Liability Update
When Inmate Speech Spawns a Bill: Mumia Abu-Jabal's Commencement Speech
Liar Liar: A Look at California's New Requirement for Polygraph Tests for Sex-Offenders
How NOT to Handle Heroin Withdrawal: A Lesson Learned by a New Hampshire Jail
Responding to a Third-Party Deposition Subpoena: How One Simple Step Can Protect an Officer's Privacy Rights and Minimize the Risk of Liability to an Agency
December 2014 Prison Break - Correctional Liability Update
Legal Alert on Taking DNA from Arrestees: People v. Buza
Connecticut Lawsuit Brings National Attention to the Misuse of RLUIPA
Getting into the Holiday Spirit
Menefield v. Foreman: Appeals Coordinators Can Exercise Discretion When Screening Duplicate Inmate Appeals
Ongoing Litigation Series: The Person Most Knowledgeable Deposition
Public Law Update
November 2014 Prison Break - Correctional Liability Update
Is Ebola the New Way for Prisoners to "Cry Wolf?"
No "Take Backs:" How to Prevent Plaintiffs from Reneging on Settlement Agreements
Medina v. Garcia: Detainee Can Sue ICE Agents for Lodging Immigration Detainer Which Caused Detainee to Spend Two Years in Pretrial Confinement
Ongoing Litigation Series: The Person Most Knowledgeable Deposition
Former Permanent Teacher Was Properly Rehired as a Substitute Teacher Following a Break in Service
Education Law Alert
October 2014 Prison Break - Correctional Liability Update
"Safe Neighborhoods and Schools Act" a Misnomer: Analysis of Proposition 47
What's Lurking Beneath that Stubble? The Supreme Court Hears Oral Arguments in a RLUIPA Grooming Case
Can the Flying Spaghetti Monster Reshape RLUIPA?
What to Expect from a Civil Deposition
Education Law Alert
Essential Risk Shifting Provisions in Construction Documents
Best of the Best USA Expert Guides, Construction
New Law Limits Suspensions or Expulsions of Students from School for Disruption or Willful Defiance
Education Law Alert
New Law Requires Annual Mandated Reporter Training for School District Personnel
Education Law Alert
Education Law Alert
September 2014 Prison Break - Correctional Liability Update
Handling Site Inspection Demands
Colwell v. Nevada Dep't of Corrections: Deliberate Indifference to Deny Eye Surgery to Restore Inmate's Vision
A Prisoner's Dilemma: Pleading the Fifth
Brown v. County of Los Angeles: Inmate Who Pled Guilty as a Minor Cannot Challenge Validity of Plea Based on Civil Contract Law
U.S. v. Gadson and the Value of Inmate Telephone Calls
Federal Court Upholds Right of Public School to Prohibit Students from Wearing American Flags
Education Law Alert
Education Law Alert
Employment Law Update
August 2014 Prison Break - Correctional Liability Update
A Call for More Frequent Prosecution of Prison Crimes
Alternative Custody Program: No Men Allowed
For Attorney's Eyes Only
Van der Hule v. Holder: Federal Law Restricts Rights of Convicted Felon Whose Civil Rights Were Restored from Possessing a Firearm
Public Law Update
Education Law Alert
Inclusionary Zoning for Affordable Housing Under Attack
The Public Law Journal, Vol. 37, No. 3, Summer 2014
Education Law Alert
Public Law Update
On July 18, 2014, the Governor signed into law Assembly Bill 1963 (Atkins) (Chapter 146, Statutes of 2014). The bill was adopted as an urgency measure, and goes into immediate effect.
July 2014 Prison Break - Correctional Liability Update
Hot Topic: Treatment of Transgender Prisoners
Ninth Circuit Revives Lawsuit Challenging Single-Sex Policies in Jails
The Ninth Circuit (Finally) Holds That State Officials Cannot Be Sued For Monetary Damages Under RLUIPA
Brown v. Oregon Department of Corrections: Segregated Confinement Without "Periodic and Meaningful Review" Violates Due Process Rights
A Potential Tool For Dodging Inmate SLAPPS
Compliance with AB 218: California JPIA Model Form for Criminal Inquiries
The Authority, CJPIA
Education Law Alert
June 2014 Prison Break - Correctional Liability Update
Newspaper Forces Disclosure of Peace Officers' Names
Prisoner Class Action Case Update
George v. Edholm: Ninth Circuit Probes into Officer Liability for Medical Rectal Exams
Q & A: Harassment Prevention Training and Special Districts
CSDA e-News
CSDA recently spoke with Burke partners Traci I. Park and Kelly A. Trainer about AB 1825 Harassment Prevention Training and special districts. This article provides answers to some of your most pressing questions.
How Outdated is Your Harassment Prevention Policy
The Authority, CJPIA
May 2014 Prison Break - Correctional Liability Update
Wildfire Fallout: Evacuating Prisoners During a Natural Disaster
I Want My [M]TV: Court of Appeals Holds Writs are Improper to Recover Contraband
California's Frivolous Lawsuit of the Month
Peralta v. Dillard: The Ninth Circuit Confirms a New Defense for Claims of Deliberate Indifference to a Prisoner's Medical Needs
Contra Costa Times
April 2014 Prison Break - Correctional Liability Update
Provoking the Use of Force
Trends in Exhaustion of Administrative Remedies - The Ninth Circuit Scraps teh Unenumerated 12(b) Motion to Dismiss
Food for Thought: Dealing with Food Allergies in the Correctional Setting
Davis v. Walker - Indefinite Stay Denied Pending Inmate's Return to Competency
April 2014 Real Estate and Business Law Update
Commercial Property Buyer Cannot Hold Escrow Company Fully Liable After Short Delay in Closing Was Stretched Out For Over a Year by Bankruptcy, Preventing Buyer From Doing 1031 Exchange
Waste Disposal Service's Easement for Storage of Garbage Bins Limited to Its Historic Use
Director of Software Company May Sue Outside Directors of Public Company for Overstating Revenue and Inflating Stock Prices During Merger
Personal Injury Plaintiff Cannot Rely on California's Survival Statute to Sue Dissolved Delaware Corporation That Had Conducted Business in California
Common Public Employer Misconceptions
The Authority, CJPIA
Education Law Alert
E-Records Sent From Private Devices and Accounts Are Not Public Records Under CPRA
Public Law Alert
March 2014 Prison Break - Correctional Liability Update
The Dangerous Dilution of Inmates' Required Alarm Response
Recent RLUIPA Developments
New Hepatitis C Treatments: A Costly Pill to Swallow
Thornton v. Brown - Parolee May Challenge GPS Monitoring Requirement and Residency Restriction as Parole Conditions
Public Law Update
Requiring Public School Uniforms May Infringe on Students' First Amendment Rights
Education Law Alert
Court of Appeal Affirms Limitations on Standing to Sue Public Agencies
Public Law Update
February 2014 Prison Break - Correctional Liability Update
Who Left the (Cell) Lights On? An Analysis of the Constitutionality of Constant Illumination
Faunce v. Cate - No Right to Privacy in Prison Physician's Treatment Room
Smoking Furloughs for "Weedman"
When Criminal and Civil Litigation Collide
Education Law Update
Pursuant to the recently-issued State Teachers' Retirement System (CalSTRS) circular, CalSTRS is providing employers with a one-time opportunity to correct instances where they did not file the Retirement System Election Form (ES372) that allows members moving from a position eligible for creditable service to a position ineligible for creditable service to remain in CalSTRS' Defined Benefit Program.
To Document or Not to Document: Life After Poole v. Orange County Fire Authority
The Authority, CJPIA
Practical Advice for Minimizing CEQA Liability in Your City
Western City Magazine
The California Environmental Quality Act (CEQA) is the primary state law that requires public agencies and their decision-makers to understand and evaluate the environmental consequences of their discretionary decisions before making them. Moreover, CEQA requires that public agencies not only consider but take action to mitigate or avoid significant adverse environmental impacts where feasible. In other words, CEQA is a powerful law that in its 44 years of existence has undoubtedly helped shape a greener, more sustainable California.
January 2014 Real Estate and Business Law Update
Notice of Inspection did not Breach Lease Provisions as Tenant's Counsel Instructed Landlord's Counsel not to Communicate Directly with Tenant
Motorcycle Manufacturer Unreasonably Withholds Sale of Dealership and Franchise to Another Dealer
Bank is Able to Recover on Loans Made to Developers' Entities Despite Claim that Developers Made "Sham Guaranties" that Violated Antideficiency Laws
Award of Damages for Interest on Late Invoice Payments Reversed as No Evidence that Merchants Agreed to Such Terms When Orders Were Placed Over Phone