Jamie Kelly News
Affirmative action for UC system would require revisiting Proposition 209
CHAMPAIGN, Ill. – The recent U.S. Supreme Court ruling in Fisher v. University of Texas could give the University of California system a legal opening for re-instating affirmative action, but that would require the repeal of an amendment to the state constitution passed in 1996, according to a former UC Davis law professor.
NLRB decision on joint employers could have broad impact, lawyer says
WASHINGTON – A case before the District of Columbia Court of Appeals could have a wide-ranging impact on whether companies are considered joint employers of workers and therefore must engage in collective bargaining under federal labor law, according to an employment lawyer.
Judges have wide discretion in settlement notifications, according to law prof
LOS ANGELES – A recent state appellate court decision upholding the notification plan for a 2014 class-action settlement shows that judges have wide discretion when it comes to notifying class members of a settlement agreement, according to a Vanderbilt law professor who studies class-action lawsuits.
ABA hoping to address bar passage problems at annual meeting
SAN FRANCISCO – The American Bar Association will hold a hearing about revisions to bar passage standards for law school at its annual meeting next month in San Francisco, weeks after a U.S. Department of Education committee recommended the association’s accrediting authority be suspended for a year.
Consumer advocate: VW settlement could have been stronger, but still a win for consumers
WASHINGTON, D.C. – The fact that Volkswagen will be paying up to $14.7 billion in a proposed settlement brokered by federal agencies and California regulators is good for consumers and the environment, but could have been better, according to Mike Litt, a consumer program advocate for the U.S. Public Interest Research Group.
Appellate ruling reinforces importance of consent decrees, according to attorney
SAN FRANCISCO – In a case that’s involved nearly 25 years of disagreements over what religious accommodations prisons are required to offer, the 9th District Court of Appeals has reinstated a consent decree between a Wiccan prisoner and staff of the California Department of Corrections.
SB 10 just the first step toward insurance for those 'unlawfully present'
SACRAMENTO – Gov. Jerry Brown signed a bill earlier this month empowering state agencies to seek a waiver that would allow all immigrants, regardless of status, to buy health insurance plans through the state’s exchange.
Federal judges increasingly aware of the dangers of ‘copyright trolls,’ EFF lawyer says
SAN FRANCISCO – Federal judges are becoming more and more aware of the potential dangers that tactics known as “copyright trolling” pose to the public, according to a senior lawyer for the Electronic Frontier Foundation, a nonprofit focused on digital rights.
Law prof: Use of armed law enforcement in voter fraud investigations rare
YREKA – The Siskiyou County Sheriff’s and district attorney’s offices helped state investigators look into allegations of voter fraud in the days before the June 7 election, a move that is extremely rare, according to a law professor who studies voting rights.
Law prof: What qualifies as a gift of public funds depends on benefit to the community
REDDING – Whether a sales tax by the city to help fund a jail expansion and other county-related services would be considered a gift of public funds depends primarily on whether it would benefit city residents, according to a law professor at the University of California-Davis.
Lawyer: Public figures have high bar to clear in defamation suits
LOS ANGELES – The recent dismissal of a suit a writer filed against the producers of the movie "American Hustle" shows how difficult it can be for a public figure to show defamation.
Judges’ ears key in ‘Vogue’ copyright case
PASADENA – A copyright lawyer said the judges in the 9th Circuit Court of Appeals may have been right when they decided earlier this month that an average audience wouldn’t recognize a sample that was used in the Madonna hit "Vogue," but he isn’t sure they reached that decision in the right way.
Name change at Walter and Wilhelm Law Group reflects Bauer’s contributions
FRESNO – The decision to rename the Walter and Wilhelm Law Group to Walter Wilhelm Bauer earlier this year both recognizes the contributions that shareholder Paul J. Bauer has made to the firm, and highlights the fact Bauer brings years of experience in employment and labor law to the table.