Free Speech Rights v. Security

The tradeoff between civil liberties and security presents complex, difficult issues for our courts, which must attempt to apply long-standing constitutional and precedential principles to rapidly changing technology and contemporary realities. In “Rights at Risk,” Pulitzer Prize winning journalist and author David Shipler discusses some examples of these complex issues, Read more…

Foie Gras and Shark Fins

There is some controversy and legal maneuvering regarding two recent animal-protection laws in California. Regardless of whether you enjoy foie gras or shark fin soup, the arguments over loopholes, principles of federalism and even possible racial overtones make for an interesting story. In 2004, then-state Senator John Burton authored SB Read more…

Challenging Agency Regulations through Defects in the Rule-making Process

California law requires administrative agencies to comply with the California Administrative Procedure Act (“APA”) (Government Code §§ 11340, et seq.) when adopting regulations.  A regulation that does not go through this process is called an “underground regulation” and is subject to legal challenge in the courts.  Further, a regulation that makes it through this process, but results from some deficiency in the process may also be invalid and subject to challenge in court.