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Articles by Julie Hamill
New Letter to USDOE: Title IX Does Not Permit California’s Bait and Switch to Female Students
Shortly after California Justice Center and Defense of Freedom Institute filed our Title IX complaint against the California Department of Education and several school districts, the United States Department of Education (“Department”) issued a Letter of Finding of Noncompliance against the Maine Department of Education on grounds almost identical to those alleged in our complaint. Accordingly, we filed a supplemental authority letter with the Department.
The government can’t ban speech about certain topics just because politicians don’t like it Original
Too often politicians give lip service to the First Amendment’s protection of free speech when it’s speech they like but ignore free speech rights when its speech they don’t like. The latest example of this hypocrisy is California’s “California Worker Freedom from Employer Intimidation Act,” which prohibits most employers from speaking to their employees about religion and politics in any setting where the employee is required to listen.
What the City of Santa Ana Does Not Want the Public to Know
Longtime teacher Brenda Lebsack noticed some disconcerting statistics coming out of the Santa Ana Unified School District. Only 30% of students are proficient in reading and 20% are proficient in math, but graduation rates are at 91%.
CPC files amicus brief in support of Temecula school district
In Mae M. v. Komrosky, the trial courtupheld Temecula Valley Unified School District’s (“TVUSD”) resolution against teaching racist and divisive theories and policy requiring parental notification when students change their identity at school. Union plaintiffs appealed, contending that the district was attempting to establish an orthodoxy on political issues.
Social Media Use for Public Officials - An Explainer Based on Lindke V. Freed and O’Connor-Ratcliff V. Garnier.
Executive Summary In Lindke v. Freed, the United States Supreme Court adopted a two-part test to determine whether a public official’s conduct on social media rises to state action for purposes of 42 U.S.C. Section 1983 (“Section 1983”). The Court evaluated the question of when social media use crosses the line from private action to state action, for which a public official can be held liable under Section 1983.
Legal Update: Visalia Unified School District v. Public Employment Relations Board
Last month, the California Court of Appeal issued a decision in Visalia Unified School District v. Public Employees Relations Board, impacting personnel disputes in school districts throughout California. This is a must-read for all California school district HR directors. Overview: Despite finding that a school district’s decision to fire the union chapter president was retaliatory, the court determined the district would have terminated her anyway due to well-documented performance issues.
Legal Update on Cayla J. v. State of California
On February 1, Public Counsel announced settlement of Cayla J. v. State of California, Alameda County Superior Court Case No. RG20084386. The LA Times explains the settlement in further detail. Nutshell California’s pandemic policies harmed children, especially minority students in low-income areas.
School Shutdowns 2.0: LAUSD school strike harms children (again) Original
Three years after the nationwide school shutdowns that locked millions of American children out of school, it turns out the Coronavirus was not nearly as destructive as the teachers unions. Starting today and through Friday, 30,000 members of the LA Teachers Union and SEIU Local 99, which serve 422,000 children, have walked out of school for three days.
Power to the People: Kern County Measure D Will Give Voters Control of Medical Cannabis
Last week, I presented oral argument to the Fifth District Court of Appeal in support of the people’s right of referendum. Long story short, the Kern County Board of Supervisors banned medical marijuana dispensaries in 2011, the people protested via referendum petition, and to this day the County has refused to comply with the legal mandate to submit the ban to voters before giving it effect.
Receivership and Distressed Cannabis Assets in California
Succeeding in the cannabis industry is not easy, especially in California. Complex regulation, high taxes, expensive real estate, and competition with the black market are just a handful of factors that challenge cannabis businesses. The majority of players lack sufficient reserves and agility to stay in the game. Due to the substantial upfront costs required to obtain state and local licenses, many don’t even open their doors before cash flow problems lead to unpaid rent and defaulted loans.
Owner Beware
Cannabis regulation in California is heavily focused on local control. As predicted, new lawsuits are cropping up all over challenging the authority of local governments to take certain actions as they pertain to cannabis.
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