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Published Articles

2014

California Public Records Act

  • Impact of Public Records Initiative UncertainJuly 21, 2014With 62 percent of voters supporting Proposition 42 last month, Californians added two new provisions to the state constitution. The purpose of Prop. 42, according to its proponents, was to ensure that all local public agencies comply with the California Public Records Act (Government Code Sections 6250 et seq.) and the Ralph M. Brown Act (Government Code Sections 54960 et seq.) by enshrining ... read more
  • Municipal and Special District Law

    • Public Officials’ Private Emails not Public RecordsApril 7, 2014The California Public Records Act declares that “access to information conduct of the people’s business is a fundamental and necessary right of every person in this state.” Government Code Section 6250. Failure to comply with the CPRA carries a significant penalty: A successful plaintiff is entitled to mandatory award of its attorney fees against the public entity which withheld records ... read more
    • Drones and the Potential Redefinition of PrivacyApril 1, 2014Law360, New York (April 01, 2014, 3:19 PM ET) -- The term “drones” — or UAVs, unmanned aerial vehicles — may be most commonly associated with overseas military activity, but the use of such technology domestically, on a smaller physical scale, is set to explode. Unlike traditional model airplanes, UAVs are typically equipped with sophisticated cameras, and they can also be ... read more

    Public Finance

    • At the Margins of Taxpayer StandingFebruary 11, 2014It may come as little surprise that in order to assert taxpayer standing, one must be a taxpayer. In fact it may be more surprising to learn that standing to bring suit can be premised only upon payment of taxes. A concept long rejected for federal taxpayers, payers of state and local tax nonetheless have broad standing under California law to bring suits to restrain the illegal expenditure or ... read more