California Air Resources Board Solicits Input On California Greenhouse Gas Emissions Disclosure Laws
Court Finds The CTA "Likely Unconstitutional" - Does The Court's Analysis Doom A Federal Corporate Law?

My email inbox has been flooded with questions about Judge Amos L. Mazzant's decision to preliminarily enjoin the Corporate Transparency Act and its implementing regulations.  Texas Top Cop Shop, Inc. v. Garland, 2024 WL 4953814 (Dec. 03, 2024)....

DFPI "Takes The Eleventh" In Suit Alleging Failure To Safeguard The Soundness Of First Republic Bank

When an erstwhile shareholder of First Republic Bank sued the California Department of Financial Protection & Innovation for failing to safeguard the "financial soundness and structural integrity" of the bank, the DFPI "took the Eleventh". The...

Can The President Fire Chairman Gensler?  Professor Bainbridge Is "Pretty Sure" That He Can

In a recent post, Professor Stephen Bainbridge expounds on the question of whether the President may fire Chairman Gary Gensler.  He concludes:

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...

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