34 Cited authorities

  1. Lingle v. Chevron U. S. A.

    544 U.S. 528 (2005)   Cited 1,157 times   18 Legal Analyses
    Holding that a substantive due process inquiry has "no proper place" in Takings doctrine, while distinguishing Nollan and Dolan as a special application of unconstitutional conditions doctrine for Takings
  2. People v. Licas

    41 Cal.4th 362 (Cal. 2007)   Cited 302 times
    Applying the " 'independent or de novo standard of review to the failure by the trial court to instruct on an assertedly lesser included offense' "
  3. Lockyer v. R.J. Reynolds Tobacco Co.

    37 Cal.4th 707 (Cal. 2005)   Cited 190 times   1 Legal Analyses
    Considering federal and state case law together in determining what factors were relevant to the constitutional "evaluation of the fine assessed against the defendant."
  4. Laurel Heights Improvement Assn. v. Regents of University of California

    6 Cal.4th 1112 (Cal. 1993)   Cited 248 times   13 Legal Analyses
    Affirming the decision to not recirculate an EIR where new studies released after public review "merely serve to amplify . . . the information found in the draft EIR" and "do not alter th[e] analysis in any way"
  5. Curle v. Superior Court

    24 Cal.4th 1057 (Cal. 2001)   Cited 170 times
    Stating that courts must construe "portions of a statute in the context of the entire statute and the statutory scheme of which it is a part"
  6. Kasler v. Lockyer

    23 Cal.4th 472 (Cal. 2000)   Cited 143 times
    In Kasler v. Lockyer, 23 Cal. 4th 472, 488, 97 Cal.Rptr.2d 334, 2 P.3d 581 (2000), the California Supreme Court detailed the legislative history of AWCA and said, "[t]he Legislature was, in short, confronted with two conflicting societal interests, both of which it recognized as legitimate – the interest of all citizens in being protected against the use of semiautomatic weapons by criminals, and the interest of some citizens in using semiautomatic weapons for hunting, target practice, or other legitimate sports or recreational activities."
  7. Manufacturers Life Ins. Co. v. Superior Court

    10 Cal.4th 257 (Cal. 1995)   Cited 122 times   2 Legal Analyses
    Noting that the Insurance Code does not create a private right of action and that a plaintiff may not "plead around" that limitation by casting a cause of action based on a violation of another statute
  8. Kavanau v. Santa Monica Rent Control Bd.

    16 Cal.4th 761 (Cal. 1997)   Cited 111 times
    Finding it appropriate for tenants who benefited from unconstitutionally low rents to bear the burden of the remedy
  9. San Remo Hotel v. City and County of San Francisco

    27 Cal.4th 643 (Cal. 2002)   Cited 89 times   10 Legal Analyses
    Noting that the "HCO is generally applicable legislation in that it applies, without discretion or discrimination, to every residential hotel in the city" and that "no meaningful government discretion enters into either the imposition or the calculation of the in lieu fee"
  10. United Steelworkers of Am., Etc. v. Marshall

    647 F.2d 1189 (D.C. Cir. 1980)   Cited 159 times   1 Legal Analyses
    Finding no substantive difference between use of agency staff and use of outside consultants to analyse and evaluate record evidence
  11. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,089 times   145 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement
  12. Section 651 - Congressional statement of findings and declaration of purpose and policy

    29 U.S.C. § 651   Cited 1,486 times   19 Legal Analyses
    Noting the OSH Act arose from concern surrounding "personal injuries and illnesses arising out of work situations"
  13. Section 7401 - Congressional findings and declaration of purpose

    42 U.S.C. § 7401   Cited 1,374 times   15 Legal Analyses
    Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”
  14. Section 7410 - State implementation plans for national primary and secondary ambient air quality standards

    42 U.S.C. § 7410   Cited 654 times   23 Legal Analyses
    Granting EPA the discretion to revoke a State's air permitting authority if the EPA "disapproves a State implementation plan submission in whole or in part"
  15. Section 7411 - Standards of performance for new stationary sources

    42 U.S.C. § 7411   Cited 215 times   51 Legal Analyses
    Granting authority to the EPA to designate the best system and determine achievable degree of emissions reduction
  16. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,153 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or

  17. Rule 8.252 - Judicial notice; findings and evidence on appeal

    Cal. R. 8.252   Cited 593 times

    (a)Judicial notice (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (2) The motion must state: (A) Why the matter to be noticed is relevant to the appeal; (B) Whether the matter to be noticed was presented to the trial court and, if so, whether judicial notice was taken by that court; (C) If judicial notice of the matter was not taken by the trial court, why the matter is subject to judicial notice