Incoherent (And Therefore Unconstitutional) California Physician Gag Law Repeal Is Now Effective

In 2022, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians.  2022 Cal. Stats. ch. 938 (AB 2098), SeeCalifornia Legislates Covid-19 Orthodoxy...

What Public Corporation Exists Without Ever Filing Articles Of Incorporation?

The California General Corporation Law providers that the corporate existence begins upon filing of the articles. Cal. Corp. Code § 200(c). However, some California corporations have been birthed without the filing of articles. Perhaps the most...

What Does "Election" Mean?

Yesterday's post concerned California's statutory scheme governing the gubernatorial power to fill vacant United States Senate seats. The relevant statute requires that the person appointed be an "elector of this state". Cal. Elect. Code § 10720....

What Is The Governor's Authority To Appoint A U.S. Senator?

Following the recent passing of Senator Diane Feinstein, California Governor announced the appointment of Laphonza Butler to complete Senator Feinstein's term in the U.S. Senate.   Yesterday, Harvard Law Professor Stephen E. Sachs addressed the...

"Regulated Parties Are Always Entitled To Fair Notice What Is Required Or Prohibited" Amen

The Fifth Amendment to the United States Constitution provides that “[n]o person shall be … deprived of life, liberty, or property without due process of law.” A similar due process mandate is imposed on the states by the Fourteenth Amendment. In...

California Greenhouse Gas Emissions Bill Advances Despite Substantial Opposition And Constitutional Concerns

In this February post, I wrote about a bill, SB 261, that would would require businesses to prepare and submit climate-related financial risk reports.  The bill would apply to any corporation or other business entity formed under the laws of...

California Bill Banning Foreign-Influenced Business Entity Contributions Advances Despite Dubious Constitutionality

Last December, I wrote about AB 83 (Lee & Kalra), which would enact the "Get Foreign Money Out of California Elections Act". The California Political Reform Act already forbids a foreign government or foreign principal from making any contribution,...

Are Lawyers Who Author Or Vote For Unconstitutional Laws Subject To Discipline By The California State Bar?

The California State Bar Act imposes a duty on attorneys to "support the Constitution and laws of the United States and of this state". Cal. Bus. & Prof. Code § 6068(a). Many California legislators are members of the California State Bar, including...

How A Failed Royal Pardon Became A Limit To A President's Power Of Pardon

The English word "impeach" is derived from the Latin preposition in, meaning in, on or into, and noun pedica, meaning a shackle or snare. The earliest recorded case of impeachment by the English House of Commons was in 1376 during the reign of...

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