Vol. 33 No. 28 MEET AND CONFER DUTY ATTACHES WHERE LOCAL OFFICIAL WITH RESPONSIBILITY OVER LABOR RELATIONS USES POWER OF OFFICE TO LEAD PROMOTION OF BALLOT INITIATIVE AFFECTING PUBLIC EMPLOYMENT TERMS AND CONDITIONS

In Boling v. Public Employment Relations Board, 2018 Cal. LEXIS 5674 (Cal. Aug. 2, 2018), the Supreme Court of California found that a mayor who was the city’s designated bargaining agent and had used the powers and resources of his office to change the terms and conditions of employment by means of a ballot initiative […]

Vol. 33 No. 15 COMMUNICATIONS CONFIGURED BY SOCIAL MEDIA USERS TO BE PUBLIC FALL WITHIN THE LAWFUL CONSENT EXCEPTION OF THE STORED COMMUNICATION ACT, PRESUMPTIVELY PERMITTING SOCIAL MEDIA PROVIDER DISCLOSURE

Communications configured by social media users to be “public” fall within the lawful consent exception of Stored Communication Act’s section 2702(b)(3), according to the California Supreme Court unanimous ruling in Facebook, Inc. v. Superior Court of San Francisco 2018 Cal. LEXIS 3635 (Cal. May 24, 2018).  The Court distinguished between a social media user’s public […]

Vol. 33 No. 12 U.S. SUPREME COURT REJECTS NINTH CIRCUIT’S RECOGNITION OF “CLASS-LIKE CLAIMS” IN A NON-CLASS ACTION LAWSUIT CONCERNING APPLICATION OF SAFETY RESTRAINTS IN PRE-TRIAL PROCEEDINGS

On May 14, 2018, in the case of United States v. Sanchez-Gomez, 2018 U.S. LEXIS 2804 (U.S. May 14, 2018), the United States Supreme Court held that a challenge to a district-wide policy of using “full restraints”[1] on in-custody criminal defendants was moot because the underlying criminal cases against Respondents had ended.  The high court […]

Vol. 33 No. 9 CALIFORNIA COURT OF APPEAL (1st DISTRICT) HOLDS CRIMINAL COURT’S BAIL DECISION UNCONSTITUTIONAL FOR FAILING TO ACCOUNT FOR INDIVIDUAL CIRCUMSTANCES OF PARTICULAR DEFENDANT’S ABILITY TO PAY

On January 25, 2018, the First District, Division One of the California Court of Appeal, issued a published opinion in In re Humphrey, 19 Cal. App. 5th 1006 (2018).  The Court of Appeal found error in the Superior Court’s failure to consider an individual defendant’s ability to pay when it fixed bail as to the […]