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California: Court Upholds Governor’s Authority to Contract with Out-of-State Private Prisons during Prison Overcrowding State of Emergency
The California Court of Appeal held in 2008 that Governor Schwarzenegger did not exceed his authority when, after invoking the Emergency Services Act (Gov. Code § 8550 et seq.) to issue a “Prison Overcrowding State of Emergency Proclamation” in October 2006, he directed the California Department of Corrections and Rehabilitation ...
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