McGeorge’s Capital Center for Law & Policy brought California State Senator Scott Wiener (D – San Francisco) to Mcgeorge School of Law in February. He talked with Capital Lawyering Concentration Director Erin O’Neal Muilenburg and students about housing policy, LGBTQ+ rights, criminal justice reform, and his penchant for trying to solve California’s most complex
Does the California Legislature meet in public or private?
https://soundcloud.com/capimpactca/does-the-california-legislature-meet-in-public-or-private
California’s Constitution in Article IV, Section 7, deals primarily with the proceedings of the houses and committees of the California Legislature. For example, in Section 7c, “The proceedings of each house and the committees thereof shall be open and public.” Moreover, in that section, “The right to attend open and public proceedings includes the
Determining What an “Essential” Service is in California
https://soundcloud.com/capimpactca/determining-what-an-essential-service-is-in-california
While most of the public is trying to comply with the shelter in place orders that’ve now been instituted statewide, of course, with very stern warnings to comply to help curb the spread of this new coronavirus, there have been a number of people who have jobs that are deemed so critical that they
Can the California Legislature Work from Home?
https://soundcloud.com/capimpactca/can-the-california-legislature-work-from-home
As a result of the COVID‑19 outbreak, numerous state legislatures around the country have been acting upon, or considering, measures to deal with their legislative operations, including issues like recesses, bill deadlines, and remote voting.
About half of the states so far have either temporarily adjourned, or recessed, their legislative sessions. There are some
Martial Law in California – What Would Look Like?
https://soundcloud.com/capimpactca/martial-law-in-california
As we near the end of the week of California’s shelter-in-place order, and with both Governor Newsom and President Trump putting the National Guard to use here in California to slow the spread of COVID-19, there is concern about whether the pandemic will somehow result in the imposition of martial law.
Neither the United
The Single Subject Rule and Ballot Initiatives
https://soundcloud.com/capimpactca/single-subject-rule-for-initiatives
Per Article II, Section 8(d) of the California Constitution, “An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.” Essentially, if an initiative embraces more than one subject, it can neither be submitted to, nor enacted by, the voters.
You may recall that a similar
The Source of, and Limits on, the Governor’s Emergency Powers
https://soundcloud.com/capimpactca/governors-emergency-powers
In light of the current state of emergency in California that Governor Newsom declared to respond to the novel coronavirus, and the series of orders that he has issued since, I think it’s valuable to explore where the Governor’s emergency powers come from and what the limitations on those powers are.
While the Governor’s
Standardized Language in Ballot Initiatives
https://soundcloud.com/capimpactca/standardized-language-in-ballot-initiatives
There are a number of instances where standardized language is contained in proposed ballot measures in California. While initiatives do not need to contain all of these provisions, proponents should study relevant laws and determine if they need to include one or more of these provisions in their initiatives. Those instances are amendments, severability,
Legislative Powers and Duties in Statute
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There are several code sections that set forth legislative powers and duties. These statutes were added by Prop 24 in 1984 and are found in Title 2, Division 2, Part 1, Chapter 8, Article II of California’s Government Code.
Government Code section 9910 states that the Speaker is responsible for the efficient conduct of
Statutory Rules of Legislative Procedure
https://soundcloud.com/capimpactca/statutory-rules-of-legislative-procedure
In California’s Government Code, there are several code sections that set forth legislative rules and procedures. These particular statutes were added by Proposition 24 in 1984. These sections of law are found in Title 2, Division 2, Part 1, Chapter 8 of Article III in California’s Government Code.
Government Code Section 9920 essentially provides