By: Ken Jensen In her dissent to the majority opinion upholding Trump’s travel ban, Justice Sotomayor identifies a compelling contradiction with the Court’s previous opinion regarding gay wedding cakes. In Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, the Court decided whether a baker could refuse to design or bake a cake for a same-sex … Continue reading Supreme Court Promotes a Double Standard for Religious Animus: Presidents to State Commissions
By: Ken Jensen After reading the Court’s opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 138 S. Ct. 1719 (2018), I am struck with how our society is still confused with respect to sexual orientation. The Court struck down the Colorado Civil Rights Commission’s actions to assess a cakeshop owner’s reasons for declining … Continue reading PIAC’s Supreme Court Review: Masterpiece Cake, Ltd. v. Colorado Civil Rights Comm’n.
By: Jessica Colburn The Second Amendment, while hotly debated, is not well understood because the language of the Amendment is unclear and old, specifically 227 years old. Here, we shed some light on what is meant by the language of the Second Amendment, including the phrases, “a well-regulated militia” and “the right of the people … Continue reading PIAC Gun Control Series: The History of the 2nd Amendment
By: Ridgeway Woulfe Mythbusting Gun Control At this point in PIAC’s comprehensive gun control series, we discussed the impact of guns on American life, including its intimate connection to suicide and inter-familial violence. Here, we will analyze some of the most common myths about gun control. Myth: If you make guns illegal, it won’t stop … Continue reading PIAC Gun Control Series: Mythbusting Gun Control
By: Robert Bryson and Ridgeway Woulfe This is Rob and Ridgeway. We’ll be spearheading PIAC’s Gun Control Series, with contributions from others along the way. This series will provide a thorough data and legal-based analysis for the issues that arise in the gun debate. Before we begin the series, however, we wanted to take the … Continue reading PIAC’s Gun Control Series: How to Stop Gun Violence (or at least have less)?
By: Ken Jensen In California, the wind is blowing in favor of applying Labor Code standards broadly to workers, limiting the “independent contractor” designation. On April 30, 2018, the California Supreme Court rendered a significant Labor Law opinion involving independent contractors: Dynamex Operations W., Inc. v. Superior Court, No. S222732, 2018 WL 1999120 (Cal. Apr. … Continue reading Dynamex Operations W., Inc. v. Superior Court: Heightening Employers Duties under the California Labor Code
The Internet is a haven for sex traffickers and other criminals. Sex traffickers first made use of Craigslist, Myspace and other, legacy websites to sell sex. As Craigslist cracked down on sex ads, sex traffickers moved to websites like Backpage.com. According to the National Center for Missing and Exploited Children, there was an increase of … Continue reading The Fight Online Sex Trafficking Act Headed to President Trump for Signature … or Veto
By: Ridgeway Woulfe and Robert Bryson The entire country, and most of the world, is familiar with George Zimmerman and his acquittal of charges after killing black teenager Trayvon Martin. At the time of Zimmerman’s arrest, the debate concerning “stand your ground” laws surged. By the time Zimmerman was acquitted, over 30 states had stand … Continue reading How Stand Your Ground Laws Allow Implicit Bias to Legalize Death
By: Ridgeway Woulfe Recently, President Trump stated during a Mar-a-Lago fundraiser that Chinese President Xi’s bid to remove term limits, allowing him to serve indefinitely, was “great.” Lightheartedly, President Trump added, “maybe we’ll have to give that a shot one day.” The comment is being treated as a joke, and it was certainly not an … Continue reading Give it a Shot: President Trump Highly Unlikely to be Able to Emulate Chinese President Xi’s Removal of Term Limits
By: Robert Bryson City of San Jose vs. Superior Court (Smith) 2017 2 Cal.5th 608 The Public Records Act (“PRA”) is the California equivalent of the federal Freedom of Information Act (“FOIA”) which mandates that government communications and records (aside from a few exceptions) are public property and disclosable to any member of the public … Continue reading California Supreme Court Expands the Public Records Act to Include Emails Sent Between the Private Accounts of Public Officials, If the Emails Concern Public Business