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Legal Commentary

: The Volokh Conspiracy

?Memo to the Legislature?

By Eugene Volokh

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From Kacik v. Kacik (Cal. Ct. App. Nov. 19, 2009), following a long analysis of a statute:

III. Memo to the Legislature

Because of the unusual circumstance of construing a piece of legislation that has less than 18 months before it sunsets, we address the Legislature directly:

Section 4326 is scheduled to terminate on January 1, 2011. If you decide to renew it, please consider saying exactly what you mean by ?is in effect.? One easy solution: Specify a time frame around the termination date of child support: say, plus or minus six months, when a spousal support modification request based on the termination of child support may be filed. (Cf. Code Civ. Proc., § 473.)

Thanks to Prof. Shaun Martin (California Appellate Report) for the pointer.


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Full post as published by The Volokh Conspiracy on December 22, 2009 (boomark / email).

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