1968 Federal Law basis for Pocket-Dial Decision: In July, the 6th Circuit Court of Appeals affirmed summary judgment in part in Huff v. Spaw, a matter in which the listening and recording of a 91 minute pocket-dial was determined to not be eavesdropping. James Huff, chairman of the Kenton County, Kentucky, Airport Board, had the unfortunate luck of discussing firing the airport’s CEO at length, all while the recipient of his pocket-dial, the CEO’s executive assistant, listened and recorded. Huff alleged, among other things, that the executive assistant violated Title 18, section 2511(1)(a) of the United States Code, which relates to ... Read More >
Oct 5
A Look at Physician-Assisted Death Laws
Update: Governor Brown has signed the bill. One of the most controversial pieces of legislation currently on Governor Jerry Brown’s desk is the “End of Life Option Act,” which would allow physicians to prescribe lethal medication to patients who meet residency, life expectancy and other requirements. Wait, didn’t that measure stall earlier this summer? It did. In January, similar provisions were introduced in Senate Bill 128 of 2015. While that bill passed three Senate policy committees, it ended up stalling in the Assembly Committee on Health. (It was set for hearings twice this summer, but both hearings were canceled at the ... Read More >
Sep 25
But what does it mean? The ‘gut and stuff’
But what does it mean? is an occasional series where we here at Legislative Intent Service explore the meanings of some legislative terms. Today we explore a slang term: The “gut and stuff,” or the “gut and amend.” In general, “gut and stuff” legislation was amended such that the Legislature “gutted” a bill’s original provisions, then “stuffed” the bill with wholly new ones. The particulars of this practice may change from state to state. For example, in Oregon a “gut and stuff” bill has been given entirely new language, but must remain similar enough to the original bill’s subject matter as to still fall “under the measure’s ... Read More >
Sep 23
Criminal Mayhem: No Laughing Matter
Criminal Mayhem: No Laughing Matter: Our latest blog post addresses the history of the crime of mayhem and aggravated mayhem. While the Allstate Commercials might make you think of tailgating gone wrong, dropped cell phones and teenaged drivers, the actual crime of mayhem is much gristlier. From the Mouths of Governors --- When researching California bills more than 50 years old, we frequently look to the Governor’s inaugural and biennial addresses for guidance on legislative priorities and historical context. These speeches also serve as reminders that there are few “new” problems in government. Recently, a project led me to Governor H. ... Read More >
Sep 23
When There’s Smoke … There’s Fire
When there’s Smoke … There’s Fire (Followed by Legislation) The dramatic footage from last weekend’s fire at the 14th floor pool of the Cosmopolitan Hotel in Law Vegas got us at Legislative Intent Service wondering whether it will spark any legislation. The fire quickly burned the decorative palm trees, that were made of highly-flammable, high-density foam and plastic. Thankfully, the black plumes looked more ominous than they really were and firefighters extinguished the fire in about 30 minutes. However, we wonder if there will be some sort of legislative or regulatory action taken regarding outdoor flammable decorations ... Read More >
Sep 15
Strange Signers: 3 Weird Facts About the Men Who Signed the Constitution
In the some 200 years since the Constitution was first created, there have been a total of 27 amendments. Originally, there were only 10, and the men who signed them were more bizarre than you might think. Here are just a few of the odd facts about the signers of the Constitution. A Real Ladies' Man Wrote the Preamble. Odds are you had to memorize the preamble -- you know, the bit that goes "We the people of the United States in Order to form a more perfect Union..." -- in school, but did you know that the guy who wrote it was a real ladies' man? Gouverneur Morris lost a leg in a carriage accident, so he had to wear a wooden one for ... Read More >