Standard Post with Image

Ninth Circuit Upholds Decision To Expel Student For Creating A "Hit List" And Solidifies Standard For Student Discipline For Off-Campus Expression.

Confirming a point which seems to make good sense, the Ninth Circuit Court of Appeals has held that school officials may discipline students for the student's off-campus expression, where the expression constitutes a credible, identifiable threat to others in the school community, even if the student did not intend to communicate such speech to any third party.

Read More
Standard Post with Image

Appellate Court Concludes That Public Entities May Initiate Substitution Of A Subcontractor

In Synergy Project Management, Inc. v. City and County of San Francisco, certified for publication on March 14, 2019, the California Court of Appeal concluded that awarding agencies, like prime contractors, have the power to request substitution of a subcontractor under Public Contract Code section 4107 (hereafter referred to as Section 4107).

Read More
Standard Post with Image

"Limited Due Process" Appropriate For Subcontractor Substitution Hearings

The California Court of Appeal recently outlined an appropriate level of due process required for a subcontractor substitution hearing.

Read More
Standard Post with Image

Letter Saves City From Potential Brown Act Violations

Sometimes public entities stumble despite their best efforts to dutifully comply with the Brown Act. Fortunately, the Brown Act allows these entities to fix certain violations by identifying the problem and promising never to do it again.

Read More
Standard Post with Image

Know Your Role, Know Your Risk

A Civic Center Act provision that allocates liability between a school district and the users of school facilities means what it says, according to a recent decision by the California Court of Appeal.

Read More
Standard Post with Image

First Published Case On Issues Raised By SB 1421, Which Requires The Disclosure Of Certain Police Records

The California Court of Appeal for the First Appellate District recently handed down a decision denying Walnut Creek Police Officers' Association's request to stay the enforcement of a February 2019 Superior Court ruling which allowed for the release police records pursuant to Senate Bill (SB) 1421.

Read More
Standard Post with Image

New Guidance Answers Questions Regarding FERPA And School Law Enforcement Units

The United States Department of Education (Department) issued answers to 37 Frequently Asked Questions (FAQs) regarding the Family Educational Rights and Privacy Act (FERPA).

Read More
Standard Post with Image

Schools And Public Agencies Face A Rise In Digital Copyright Infringement Claims For Use Of Protected Photos

Cease and desist letters alleging copyright infringement for the unauthorized use of digital photos-along with demands for settlement payments ranging from hundreds to tens of thousands of dollars-are being sent to public agencies.

Read More
Standard Post with Image

The California Court of Appeal Has Spoken, Not Just Anyone Can Be Elected County Sheriff--So Says County Clerk

In 2017, basketball Hall-of-Famer Shaquille O'Neil was sworn in as a deputy sheriff of Henry County, Georgia. The momentous occasion concluded with a moment levity at the end of the swearing-in ceremony when Mr. O'Neil announced his candidacy for County Sheriff in 2020.

Read More