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> It looks like nobody looked at the law itself recently. I'm
> amazed that
> nobody noticed this before now.
Really, I think that the law has not been effectively challenged and the law
is open (vague) enough that interpretations can emerge in favor of either
side. So there is a real controversy here that the court will need to
decide.
Vague laws seem easier to pass than very clear and hard-line laws. The
passage of the law that introduced 515.5 quieted the recruiters union and
the inclusion of the exception in (d) quieted the technical writers union as
far as the Legislature is concerned, their job is done and it is up to the
opposing sides and the courts to figure out what should be the law. Once
there is a legal precedent (if this case goes far enough), then there will
be case law to determine what the law really is.
It's also really a big deal that this case has become a class action, so
that will certainly add to the dynamic of the matter.
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