The Fourth Amendment of the US Constitution is not verbose (text below), but it is contentious, and the basis of much of criminal procedure: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Read more…
On March 6, 2013, the Board of Optometry will be having a Board Meeting to discuss changes to California Code of Regulations (CCR) section 1575, regarding the Uniform Standards Related to Substance Abuse and Disciplinary Guidelines. The changes to be discussed were originally proposed in December 2011, in response to Read more…
A non-expert witness, i.e., a lay witness, typically is limited to testimony based upon personal observation and knowledge. However, a lay witness may properly testify and/or state an opinion if the opinion includes facts showing that the opinion is rational, based on the witness’s perception, relevant, and helpful in understanding Read more…
Exhaustion of remedies is a legal doctrine applied extensively in Administrative Law. “Exhaustion of administrative remedies” requires a person to seek all remedies directly with an agency before a suit will ever be heard by a state or federal court. Once the agency’s own procedures are finished—i.e., filing a petition, Read more…
An employer may be liable for statements made to a prospective employee during recruitment on which the employee relies. (See, e.g., Lazar v. Superior Court (1996) 12 Cal.4th 631; Helmer v. Bingham Toyota Isuzu (2005) 129 Cal.App.4th 1121; Toscano v. Greene Music (2004) 124 Cal.App.4th 685). It is actually a Read more…
Effective January 1, the California Fair Employment and Housing Act (FEHA) now explicitly protects employees’ religious dress and grooming practices as covered religious beliefs and observances. Religious dress includes the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts and any other item that is part of Read more…
The Administrative Law Section of the Sacramento County Bar Association has a monthly luncheon at Blue Prynt Restaurant and Bar (815 11th Street, Sacramento, California). Its luncheon next month will be on Thursday, February 13, 2013 at Noon. And the topic will be WRITS – Everything You Always Wanted to Read more…
In California, every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any habitual or common drunkard or to any obviously intoxicated person is guilty of a misdemeanor. (Bus. & Prof Code section 25602.) Yes, this means, technically, if you buy a beer Read more…
(The following blog post will also appear in PT Interventions, the semi-annual, members-only, newsletter of the California Physical Therapy Association.) As physical therapy professionals know by now, the Physical Therapy Board of California (“Board”) issued new regulations on medical recordkeeping and supervision of assistive personnel, which became effective July 14, Read more…
It is undeniable that social media – be it Facebook, Twitter, LinkedIn, Google+, what have you – is changing the way we manage our personal and professional relationships. An increasing area of concern over the past few years has been the detrimental effect that our online presence can have on Read more…