Late last month, news that the University of California planned to increase tuition by up to 28 percent over the next five years sparked waves of walkouts and protests throughout the UC system. At the time, the California Legislature was in recess. However, when lawmakers returned on December 1 to start the 2015-2016 session, they wasted no time penning legislation addressing the issue. As of this writing, there are at least four proposals aimed at curbing the fee hikes. All four of them attack the issue from different angles. Senate Bill 15 takes one approach by taking money from the middle class scholarship program and using ... Read More >
Jul 3
LEGISLATIVE INTENT AND U.S. SUPREME COURT DECISION
Among the controversial opinions published last week by the Supreme Court, we found that the Court’s opinion in the case of Adoptive Couple v. Baby Girl, 570 U.S. ____ (2013), referred to legislative history materials. A baby girl who was classified as a native American Indian because of her biological father’s Cherokee heritage, was removed from her adopted family when the baby girl was a few months old because her father, who had attempted to relinquish his parental rights and had no prior contact with the child, asserted his parental right under the Indian Child Welfare Act of 1978 (ICWA), 25 USC § § 1901 through 1963. The ICWA was ... Read More >
Jun 27
Legislative Analysis of California Statutes
Legislative analysis of legislative history materials begins with a fundamental rule: to construe or interpret a statute, the court’s primary objective is to determine the legislative intent of the enactment; all other rules of construction yield to this rule. When the text of a statute is unambiguous and provides a clear answer, the courts generally go no further than that text. However, when a statute’s language supports multiple interpretations, then California law permits resort to extrinsic sources to ascertain legislative intent. This includes the legislative history and administrative interpretations of the language. While laws in ... Read More >