Posts Tagged: legal

Micheli Files

The use of notwithstanding clauses in California legislation

Image by Vitalii Vodolazskyi

On occasion, a reader may find in a bill in the California Legislature that contains in the text of the measure a phrase similar to the following: “notwithstanding any other provision of law…”. What does this phrase mean? Why is it used? What is its purpose in a California bill?                                 

News

Those linked to stem cell board received more than $2.1 billion

A medical researcher examines cancer stem cells. (Photo: luchschenF, via Shutterstock)

Over the last 15 years, California’s stem cell agency has spent $2.7 billion on research on everything from cancer to arthritis.  The vast majority of the money has gone to enterprises that have ties to members of the agency’s governing board. Eight out of every ten dollars that agency has handed out have been collected by 25 institutions such as Stanford University, multiple campuses of the University of California and scientific research organizations. Their combined total exceeds $2.1 billion.

Analysis

The art of the deal, Capitol style — Part II

The state Capitol in Sacramento at night. (Photo: Susanne Pommer)

Cutting deals is part of the Capitol culture — it’s how laws are made. But does this deal-making come close to the legal line, or even cross it? Let’s continue our review of California criminal statutes that might apply to the wheeling and dealing of the Legislature.

News

A peek under the Capitol’s hood

State Capitol in Sacramento. (Photo: Shuttesrstock)

This is the final installment in a series of articles dealing with the procedural myths and realities of the California Legislature.

News

In November, questions of life and death

The execution chamber at San Quentin prison. (Photo: CDCR)

Will November mark the death of the death penalty? This fall, Californians will be asked yet again whether they would like to abolish capital punishment. Voters last faced the issue in 2012, a presidential election year, and rejected the idea.

Opinion

Low auction result helps legal case for cap-and-trade

A smog-tinged view in black and white of Century City, Beverly Hills and West Los Angeles. (Photo: Trekandshoot, via Shutterstock)

OPINION: When the California Air Resources Board released the results of its May auction of carbon allowances, audible gasps from around the state could be heard from the space station. I kid – but only just a little. The auction results did in fact create a great shock: many had expected at least half a billion dollars to be collected at the quarterly auction, but the auction generated only about ten million dollars. But here’s the truth: The super-low May auction result should actually help the State’s legal defense of cap-and-trade.

News

Daily fantasy sports: skill or luck?

An illustration of an online dashboard for a participant in daily fantasy sports, which is growing in popularity.(Illustration: Tim Foster, Capitol Weekly)

Daily fantasy sports: What started as a seasonal pastime in offices around America has morphed into a daily, multibillion-dollar business, fueled by national TV advertising and the internet. Unlike the traditional office pool, DFS offers same-day cash rewards to winners – a big incentive. And, in California as in most states, it’s not gambling.

News

E-smoke, tobacco bills on the move

A smoker savors the vapor from an electronic cigarette, which is the focus of new legislation. (Photo:MisiArt, Shutterstock)

Hang on to your hats, California smokers — a cyclone of tobacco legislation is blowing through the Golden State. Moves to crack down on electronic cigarettes, further regulate smokes in the workplace, raise the legal age to buy cigarettes to 21 years old and create new tobacco taxes all won support from the Senate health committee, the bills’ first major policy hurdle in the final weeks of the 2015 legislative session.

Opinion

The oil industry and its front groups

OPINION: The fact that the oil industry is using front groups to battle against clean energy progress is no surprise to anyone who has been working in California or around the west to protect clean air laws. This kind of tactic has been used for decades. It was front and center for voters in 2010 when out-of-state oil companies spent millions to derail AB 32.

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