California JPIA’s Post

What’s the difference between a bribe and a gratuity? Is it legal to give a gratuity to a government official? These questions were at the heart of a recent U.S. Supreme Court case, Snyder v. United States. In our latest "Critical Compliance" video, counsel Daniel Bernstein discusses the complexities of the ruling for federal and state laws and what that means for businesses. Watch the rest of our "Critical Compliance" series here➡️ https://bit.ly/42ouT4R

Karin's and Jessica's article brings up the excellent question of the fairness of results that come out of in-house agency courts. Give their publication a read!

Issue 4 Author Spotlight 📣 Introducing Jason Cieslik, J.D. Professor Jason Cieslik exposes a recent trend—particularly in Illinois—of county sheriffs declaring legislation unconstitutional and refusing to enforce the law. The problem, Professor Cieslik explains, is that a county sheriff’s constitutional and statutory duties do not include declaring a law unconstitutional. Professor Cieslik examines how acting outside the scope of their authority might permit an elected sheriff to be removed absent voter approval. Read the full article here: https://lnkd.in/gGdhX4yt

Try reading the text first to get a flavor of Professor Cieslik’s well-researched paths to remove elected sherriffs who refuse to enforce the law. Firstly, no sherriff has legal authority to declare a law unconstitutional and refuse to enforce it. Doing so is “official misconduct” and could be the basis of a legal action against him for violating his Oath of Office to uphold state and federal constitutions. Do not be intimidated by the length of this article. It is chock full of citations. LEGAL AUTHORITY. Knowledge is power. Applicable beyond Illinois.

...𝗿𝗲𝘀𝗼𝗹𝘂𝘁𝗶𝗼𝗻 𝗼𝗳 𝘀𝘂𝗰𝗵 𝗼𝘁𝗵𝗲𝗿 𝗶𝘀𝘀𝘂𝗲𝘀 𝗺𝗮𝘆 𝗽𝗿𝗲𝗷𝘂𝗱𝗴𝗲 𝗼𝗿 𝘄𝗶𝗹𝗹 𝗯𝗲 𝗽𝗿𝗲𝗷𝘂𝗱𝗶𝗰𝗶𝗮𝗹...; The practice is that the intermediate court, that is the lower court, must consider & determine all issues laid before it, that will enable the apex court review the decision fully & finally. The only exception to this rule is when the intermediate court orders a retrial & the consideration &/or resolution of such other issues may prejudge or will be prejudicial to the issues ordered to be retried. 𝗘𝗯𝗼𝗻𝗴'𝘀 𝗖𝗵𝗮𝗺𝗯𝗲𝗿𝘀 - 𝟭𝟬 𝗬𝗲𝗮𝗿𝘀 𝗔𝗻𝗻𝗶𝘃𝗲𝗿𝘀𝗮𝗿𝘆

SCOTUS overrules forty-year-old precedent that required courts to defer to administrative agencies when interpreting ambiguous statutes. What does the landmark decision portend for regulated businesses and the separation of powers? Find out in the upcoming ML Supreme Court Business Briefing.

Dear LinkedIn community, Check out the latest blog post discussing the recent STF decision which hinders the readjustment theory of benefit for policyholders. The article explores the implications of this decision on legal certainty. Read more: https://ift.tt/Ztbor17 #socialmediamarketing #blogpost #STFdecision

Join us Tuesday, August 13 at 1pm ET for "The new administrative state: implications of recent landmark Supreme Court rulings for federal regulations, agency deference, and state implementation". In this webinar, former federal and state agency leaders will explore the known and yet-to-be determined impacts of recent rulings on federal regulations, rulemaking and actions, and agency deference, and also explore the impact on state agencies implementing federal rules. Register now: https://bityl.co/RMQR

The recent Shannon v. Hrabovsky decision sheds light on the complexities of will challenges and the Limitations Act. Discover how the Court of Appeal distinguishes between knowing a will's existence and understanding its contents to start the limitation period. 👉 Read our full analysis to understand this important decision and ensure you're informed about your rights and obligations. https://ow.ly/Z3r250QIYEL What impact do you think this ruling has on future will challenges? #EstateLaw #WillChallenges #LimitationPeriod #LegalInsights