Publications

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Mar 13, 2019

A recent Court of Appeal decision, Preven v. City of Los Angeles[1], provides guidance on a seldom-used provision of the Brown Act found at Government Code 54954.3 (a), which allows...

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Mar 4, 2019

Burke Education Law Alert Proposition 39 (Education Code section 47614), the law requiring school districts to allocate reasonably equivalent facilities to eligible charter schools, continues to generate numerous legal challenges...

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Feb 19, 2019

The First District Court of Appeal has ruled that a suit challenging an agreement between a city and PG&E authorizing tree cutting on PG&E property, which agreement is the functional...

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Jan 2, 2019

The Court of Appeal, Second District (Div. 7), recently held that the City of Los Angeles’ mere right to access certain records of a private entity was not enough to...

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Jan 2, 2019

OVERVIEW The Americans with Disability Act (“ADA”) has been law since 1990.  This federal statute prohibits discrimination against disabled individuals in all areas of public life, including jobs, schools, transportation,...

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Dec 20, 2018

In response to the #metoo movement, the California Legislature passed a number of new sexual harassment laws that are effective January 1, 2019.  Many employers have questions about their obligations...

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Dec 3, 2018

Burke, Williams & Sorensen's comprehensive annual publication of labor and employment updates affecting California public employers.

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Nov 13, 2018

Originally published in The Authority, California JPIA Newsletter Issue 81 Earlier this year, the California Fair Employment and Housing Council adopted new regulations regarding national origin, which went into effect on...

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Nov 13, 2018

Originally published in The Authority, California JPIA Newsletter Issue 81 California Senate Bill 1421 modifies Penal Code 832.7 by stripping the prior confidentiality of police personnel records related to 1) sustained...

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Nov 9, 2018

Originally published in The Authority, California JPIA Newsletter Issue 81 In late 2017, #metoo went viral, and allegations of sexual harassment took center stage in the United States.  The California Legislature...

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Oct 25, 2018

Originally published in The Authority, CJPIA Newsletter, Issue 80 On June 22, 2017, the California Court of Appeal published a decision in Rain Daugherty v. City and County of San Francisco,...

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Oct 23, 2018

On September 30, 2018, Governor Brown signed SB 1300, the Omnibus Sexual Harassment Bill, into law. The law will take effect on January 1, 2019. Like the remainder of FEHA,...

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Oct 16, 2018

Originally published in The Authority, CJPIA Newsletter, Issue 80 On May 25, 2018, the Public Employment Relations Board (“PERB”) in Napa Valley Community College District[1], expanded the rights of public employees...

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Sep 19, 2018

Originally published in The Authority, CJPIA Newsletter, Issue 79 On June 2016, using a procedure permitting a federal court to request a ruling from the California Supreme Court regarding the meaning of...

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Sep 10, 2018

The California Supreme Court recently considered the people’s reserve referendum power and a local agency’s duty and ability to amend its zoning ordinances to conform to its general plan. The...

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Sep 10, 2018

On September 4th, the Ninth Circuit Court of Appeals issued its decision in Martin v. City of Boise. The Court held that the Eighth Amendment prohibits ordinance enforcement if such ordinances...

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Sep 6, 2018

In Center for Community Action and Environmental Justice v. City of Moreno Valley (August, 2018), the Court of Appeal found that the legislature intended to exclusively delegate approval of development agreements to...

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Sep 3, 2018

In Sander v. State Bar of California (August, 2018), the Court of Appeal reaffirmed the rule that the Public Records Act does not require the creation of new records to satisfy a...

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Aug 14, 2018

INTRODUCTION In Dynamex Operations West, Inc. v. Superior Court,[1] the California Supreme Court established a new test for determining whether a worker should be classified as an employee or independent...

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Aug 9, 2018

Originally published in The Authority, California JPIA Newsletter Issue 78 The dust is settling in the wake of Janus v. AFSCME,[1] prompting public sector unions and public agencies to make significant changes to...

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Jun 20, 2018

Originally published in Northern News, A Publication of the Northern Section of the California Chapter of APA. Evolution of a CEQA exemption

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May 15, 2018

Originally published in The Authority, California JPIA Newsletter, Issue 75 As is the norm, a new year will bring new laws for California employers.  This article briefly outlines several key pending...

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Apr 5, 2018

Originally published in the Chico Enterprise-Record Blue Oak Charter School will continue to operate in Chico. The Chico Unified School District board of trustees voted to renew the school’s charter for...

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Mar 29, 2018

Originally published in Best of the Best USA Expert Guides  

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Feb 1, 2018

Charter schools seeking approval of additional school sites must do so through a material revision of their charter, and not through the charter renewal process, a California Court of Appeal...

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Feb 1, 2018

California Special District Magazine, February 2018

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Dec 31, 2017

California Special Districts Association, 2017 This manual provides special districts with guidelines and tips for complying with the various meeting agenda, notice, public participation, and public reporting requirements of the...

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Dec 14, 2017

Sexual harassment in the workplace isn’t a novel issue.  But in conjunction with the fall of Harvey Weinstein and the rise of the #metoo movement, researchers are finding out just...

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Nov 4, 2017

Fall 2017 Burke, Williams & Sorensen's comprehensive annual publication of labor and employment updates affecting California public employers. Download

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Nov 1, 2017

Planning to hire in 2018?  California employers need to prepare for new restrictions on lawful consideration of applicants’ conviction history and prior salary as of January 1, 2018. Last month,...

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Jun 27, 2017

Education California:  The Official Newspaper of the Association of California School Administrators Article  

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Jun 2, 2017

By Sharon Noguchi Originally published in the San Jose Mercury News San Jose Unified goes to pains to insist it’s been even-handed in treating charter school applicants. Here’s how that...

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May 1, 2017

League of California Cities Guide

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May 1, 2017

DRI ERISA Report, Ninth Circuit Update, 12:1

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Apr 1, 2017

Burke Education Law Alert The California Charter Schools Act (Education Code section 47600 et seq.) remains an uneasy joust between two competing principles enunciated in the statute: independence and accountability....

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Mar 6, 2017

by Anna M. Phillips (anna.phillips@latimes.com) and Adam Elmahrek (adam.elmahrek@latimes.com) Originally published by the Los Angeles Times By her own account, Vielka McFarlane was an immigrant success story. She had escaped...

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Feb 1, 2017

Burke Education Law Alert Two recent cases confirm that only school districts can exercise Government Code section 53094’s power to exempt classroom facilities from local zoning requirements.  That statute provides...

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Jan 27, 2017

Attorney John Yeh was quoted in this article published by the San Francisco Daily Journal.

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Jan 1, 2017

The Authority, CJPIA Newsletter, Issue 59 Article

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Jan 1, 2017

California Litigation Review (2017 Edition) with Assistant United States Attorney Alyson Berg

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Dec 20, 2016

DRI ERISA Report, Ninth Circuit Update, 11:3

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Dec 20, 2016

DRI ERISA Report, Ninth Circuit Update, 11:3

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Nov 4, 2016

Burke is pleased to produce Legal Trends. The purpose of Legal Trends is to inform public sector employers about key areas of labor and employment law, and to inform public...

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Nov 4, 2016

As is the norm, a new year will bring new laws for California employers. This article outlines several key laws signed by Governor Brown during the 2015-2016 California legislative session...

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Oct 28, 2016

USC Sol Price School of Public Policy Newsletter Download

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Oct 4, 2016

Burke Employment Law Update With sexual harassment claims against elected officials on the rise, Governor Brown recently signed AB 1661, which mandates workplace harassment training for local elected officials. Download

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Sep 29, 2016

By Angela Ruggiero (aruggiero@bayareanewsgroup.com) Originally published in the East Bay Times LIVERMORE — The Tri-Valley Learning Corp. and the Livermore school district have begun a back-and-forth battle as each claims...

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Sep 22, 2016

by Dani Anguiano Originally published in the Chico Enterprise-Record Major changes are underway in the Chico Unified School District ROP program. At a Chico Unified School District board of trustees...

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Sep 9, 2016

By Will Swaim Originally published in the San Francisco Daily Journal Article  

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Sep 4, 2016

Currently, over 200 water supply systems in California have reported TCP detections in groundwater in over 300 hundred wells. Review this fact sheet to find out if your city's water...

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Aug 1, 2016

Western City Magazine Libraries perform a unique and important function in American society. According to the U.S. Supreme Court, “a public library [is] a place dedicated to quiet, to knowledge...

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Jun 13, 2016

Burke Education Law Alert The California Court of Appeal has issued a significant ruling on the rights of school district employees to obtain unemployment benefits during the summer, ruling that substitute teachers and classified employees who receive "reasonable...

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Jun 9, 2016

Burke Employment Law Alert On June 8, 2016, the Court of Appeal, First District, ruled that a personnel investigation, performed by an outside attorney investigator, is protected by the attorney-client...

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Jun 4, 2016

Today's Insurance Professionals, Summer 2016, Vol 73, Issue 2 Social media has changed every aspect of our society, including the workplace.  Employers are struggling to keep up with all aspects...

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May 4, 2016

The Authority, California Joint Powers Insurance Authority, Issue 51, May 2016 Article

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Apr 15, 2016

DRI ERISA Report, Volume 11 Issue 1 Today’s ERISA disability policies almost universally contain limitations capping payment on disability claims that involve mental illness.These limitations serve to provide a framework...

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Apr 4, 2016

The Authority, California Joint Powers Insurance Authority Newsletter, Issue 50 On April 1, 2016, a comprehensive set of new regulations pertaining to the California Fair Employment and Housing Act (“FEHA”)...

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Apr 4, 2016

The Authority, California Joint Powers Insurance Authority Newsletter, Issue 50 In the past year, California employers have been dealing with numerous developments in California wage and hour law that have...

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Apr 4, 2016

Burke Employment Law Update For the first time, the California Court of Appeal held that the Fair Employment and Housing Act (“FEHA”) creates a duty to reasonably accommodate an applicant...

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Mar 26, 2016

Originally published in The Mercury News by Victoria Kezra A trial pitting the city of Sunnyvale against an alternative school over a zoning dispute has come to a close. The...

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Mar 16, 2016

Northern News If you grew up in the 1980s as I did, you are intimately familiar with the movie Back to the Future, the highest grossing film of 1985. In...

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Feb 4, 2016

California Special Districts Magazine

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Dec 31, 2015

California Special District Association The California Public Records Act (CPRA) was originally enacted in 1968, and requires that governmental records be made accessible to the public upon request, unless otherwise...

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Dec 1, 2015

Carl Warren Connects, Carl Warren

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Nov 4, 2015

Burke,  Williams  &  Sorensen,  LLP  is  pleased  to  present  its  8th  Edition  of  Legal  Trends.  This edition continues the tradition of producing Legal Trends which was started by the law firm...

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Sep 4, 2015

Solano Press Books This completely updated edition of Eminent Domain: A Step-by-Step Guide to the Acquisition of Real Property is a thorough and precise step-by-step guide through the process California...

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Aug 4, 2015

The Authority, California Joint Powers Insurance Authority, Issue 42 The U.S Supreme Court recently held that an employer could not lawfully reject a job applicant because her religious headscarf conflicts...

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May 4, 2015

Originally published in California Lawyer Magazine Public entities such as cities, counties, special districts, and law enforcement agencies have long operated websites as a means of communicating with the public....

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Apr 10, 2015

Burke Education Law Alert The California Supreme Court has issued a long awaited ruling clarifying how school districts must calculate their student-­to-­classroom ratios when allocating classroom space to charter schools...

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Apr 10, 2015

Burke partner John Yeh was quoted in this article published by the Los Angeles Daily Journal.

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Apr 8, 2015

Education Law Alert The California Court of Appeal in East West Bank v. Rio School District (2015) (2015 DJDAR 3677) recently ruled that the grounds for public agencies to withhold...

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Apr 4, 2015

The Authority, California Joint Powers Insurance Authority Newsletter, Issue 38 In employment discrimination cases, plaintiff-employees often attempt to prove that they were treated differently due to their membership in a...

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Mar 4, 2015

Originally published in California Lawyer Magazine In 2010 the wife of aspiring rapper Anthony Elonis left him, taking their kids. Under the name "Tone Dougie," with a public profile, Elonis...

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Feb 20, 2015

Burke Public Law Alert The Department of Finance has revised its proposed budget trailer bill addressing redevelopment dissolution. Download

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Feb 11, 2015

Burke Public Law Alert The California Department of Finance (“Department”) has published proposed budget trailer bill language addressing the redevelopment agency dissolution process. In a recent webinar, the Department characterized...

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Dec 6, 2014

Burke Employment Law Update Governor Brown signed two pieces of legislation in 2014 that amend the FEHA and will have significant impacts on employers in 2015. The first, AB 2053,...

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Dec 1, 2014

Western City Magazine Public health, safety and welfare issues that arise from the effects of public encampments or vehicle habitation on city streets present cities with a variety of challenging...

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Dec 1, 2014

California Lawyer Magazine Nearly everyone these days has a social media account and an opinion or photo they feel compelled to post. This compulsion to (over)share online has led to...

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Nov 3, 2014

Burke Education Law Alert In a case that underscores the importance of school districts correctly designating an employee's classification, the California Court of Appeal recently ruled that a former permanent...

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Oct 15, 2014

Best of the Best USA Expert Guides, Construction

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Oct 15, 2014

Originally published in Northern News It's funny how things work out in the end. At the outset of the 2013–2014 legislative session, California lawmakers responded to years of complaints about...

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Oct 14, 2014

Burke Education Law Alert In the case of M.M. vs. LaFayette School District, the Ninth Circuit has ruled that a school district violated the IDEA and denied FAPE to a...

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Oct 6, 2014

Burke,  Williams  &  Sorensen,  LLP  is  pleased to present its  7th Edition of Legal Trends.  This edition continues the tradition of producing Legal Trends which was started by the law firm of Kay...

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Sep 30, 2014

Burke Education Law Alert In an opinion that provides clarity for school districts on Title IX standards, the Ninth Circuit Court of Appeals ruled in Ollier v. Sweetwater Union High...

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Sep 30, 2014

Burke Education Law Alert On September 29, 2014, Governor Brown signed AB 1432 (Mike Gatto, D-Burbank) which requires annual mandated reporter training of all school district, county office of education,...

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Sep 30, 2014

Burke Education Law Alert On September 29, 2014, Governor Brown signed AB 420 (Roger Dickinson, D-Sacramento), which limits the ability of schools and school districts to suspend or expel students...

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Sep 25, 2014

Burke Education Law Alert On February 27, 2014, in the case of Dariano v. Morgan Hill Unified School District, the Ninth Circuit Court of Appeals ruled that public school officials...

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Sep 24, 2014

Burke Education Law Alert The California Court of Appeal in Los Alamitos Unified School District v. Howard Contracting, Inc. (2014) recently ruled that Education Code Section 17406 exempts K-12 school...

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Aug 30, 2014

Burke Public Law Update Homelessness presents local governments with a variety of challenging public safety and welfare issues. One of these issues has been the use of vehicles as living...

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Aug 28, 2014

Burke Employment Law Update In People v. Superior Court of San Francisco County (Daryl Lee Johnson, Real Party in Interest), 2014 WL 3896138 (Johnson), the First District Court of Appeal...

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Aug 1, 2014

Burke Education Law Alert The California Court of Appeal recently ruled that dismissal of a teacher by the Hueneme Elementary School District based on charges presented orally was proper, even...

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Jul 25, 2014

Burke Education Law Alert The California Court of Appeal recently ruled that the Los Angeles Unified School District ("LAUSD" or "District") was not required to reveal the names of teachers...

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Jul 22, 2014

Burke 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,...

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Jul 6, 2014

The Authority, California Joint Powers Insurance Authority Newsletter Article  

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Jun 30, 2014

Education Law Alert Governor Brown has signed Assembly Bill 215 ("AB 215"), which revises portions of the dismissal and suspension statutes for public school district certificated employees in California. Many...

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Jun 11, 2014

Burke Education Law Alert Vergara v. State of California, Judge Rolf Treu of the Los Angeles County Superior Court issued a tentative decision that certain statutes relating to teacher tenure,...

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Jun 11, 2014

CSDA e-News CSDA 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...

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Jun 6, 2014

The Authority, California Joint Powers Insurance Authority Newsletter

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Jun 6, 2014

The Public Law Journal, Vol. 37, No. 3, Summer 2014 For 100-plus years, cities and counties have used zoning ordinances to establish permitted and prohibited uses of real property. The courts...

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May 6, 2014

League of California Cities

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Apr 24, 2014

East Bay Times By Paul Burgarino, Bay Area News Group ANTIOCH — In a case being closely followed by charter school advocates and education administrators throughout the state, a Contra...

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Apr 15, 2014

The Authority, CJPIA Newsletter Article

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Apr 1, 2014

Burke Public Law Alert The Court of Appeal for the Sixth District issued its decision Thursday, March 27th in the case of City of San Jose v. Superior Court (Smith)....

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Apr 1, 2014

Burke Education Law Alert In a ruling that supports a school district's right to discipline students, a California Court of Appeal recently ruled that a school district need not exhaust...

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Apr 1, 2014

In this edition: Commercial Property Buyer Cannot Hold Escrow Company Fully Liable After Short Delay in Closing Was Stretched Out For Over Year by Bankruptcy, Preventing Buyer From Doing 1031...

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Mar 6, 2014

Burke Education Law Alert On February 14, 2014, the Ninth Circuit Court of Appeals ruled that a public school's policy mandating uniforms, which displayed a logo and written motto, was...

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Mar 1, 2014

Burke Public Law Update In January of this year, the California Supreme Court denied review of Griffith v. Pajaro Valley Water Management. The appellate decision made late last year is...

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Feb 6, 2014

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...

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Feb 6, 2014

The Authority, CJPIA Newsletter

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Feb 6, 2014

Burke 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...

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Feb 6, 2014

Burke Public Law Update On February 3, 2014, the First District Court of Appeal issued its decision in Reynolds v. City of Calistoga et al., rejecting the contention that a...

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Jan 6, 2014

(Cal CEB 2014) Reviewer, Chapters §§ 9.47-9.52

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Jan 6, 2014

Burke Education Law Alert In the recently published case of Anaheim Union High School District v. American Federation of State, County and Municipal Employees, Local 3112, AFL-CIO, the California Court...

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Jan 6, 2014

Burke Public Law Update There were three legislative acts in 2013 that affected the Ralph M. Brown Act (Government Code section 54950 and following): SB 751, AB 246, and AB...

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Jan 6, 2014

In this issue: 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...

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Jul 9, 2012

Orange County Business Journal, July 9-15, 2012

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Nov 16, 2010

ABA Intellectual Property Litigation, Vol. 21, No. 2, Winter 2010