Law Commons^™

Reimagining Criminal Justice: Open Source Data Key To Addressing Mental Health Crises, Brennan Gamwell

Reimagining Criminal Justice

A transparent, cross-functional approach to data sharing and analysis focused on reliability and completeness can help to improve San Francisco's response to the mental health crisis, says Brennan Gamwell, a 2022 JD candidate at the Golden Gate University School of Law.

The 2020-21 Budget: Climate Change Proposals, Legislative Analyst's Office

California Agencies

In this report, we assess the Governor’s major 2020-21 budget proposals related to climate change. The four proposals we evaluate are:

• Cap-and-Trade Expenditure Plan ($965 Million). The budget includes a $965 million (Greenhouse Gas Reduction Fund [GGRF]) discretionary cap-and-trade expenditure plan. Funding would mostly go to a variety of existing environmental programs, including programs related to low carbon transportation, local air quality improvements, and forestry.

• Expanded Climate Adaptation Research and Technical Assistance ($25 Million). As part of the cap-and-trade expenditure plan, the Governor proposes $25 million (GGRF) ongoing for several new and expanded climate adaptation research and technical …

The 2020-21 Budget: The Governor’S Homelessness Plan, Legislative Analyst's Office

California Agencies

In this report we provide the Legislature context for the state’s homelessness crisis, provide an update on major recent state efforts to address homelessness, assess the Governor’s 2020-21 homelessness plan, propose a framework to help the Legislature develop its own plan and funding allocations, and offer an alternative to the Governor’s 2020-21 budget proposal.

Second Amendment Challenges: What Level Of Constitutional Scrutiny Applies?, C M. Timpson

GGU Law Review Blog

Proponents of the Second Amendment stand firm in their belief that there should be little to no restrictions on a person’s ability to obtain and maintain ownership of a gun. Others believe there should be some limitations on the right to “keep and bear arms.” In District of Columbia v. Heller, the Supreme Court upheld a person’s individual right to bear arms for lawful purposes. In Heller, the Court also refused to apply rational basis review to challenges of laws that impact a person’s enumerated rights such as the guarantee against double jeopardy, right to counsel and right to …

Agricultural Labor Relations Board Report To The Legislature And To The Governor - Fiscal Year 2014-2015, Agricultural Labor Relations Board

California Agencies

No abstract provided.

A Comparative Consideration Of Development Charges In Cape Town, Colin Crawford, Julian C. Juergensmeyer

Publications

This article, will look at the relatively new Cape Town development charge initiative in a comparative perspective. Part I will discuss the U.S. experience with development charges, including examples both effective and less so. The aim in Part I will be to demonstrate the achievements and shortcomings of development charges - or impact fees, as they are most commonly called in the U.S. - as utilized in the U.S., which was an early adopter of such practices globally. Part I will also suggest areas in which Cape Town practitioners (of whatever kind, whether lawyers, urban planners, engineers and so on) …

2015-2016 Legislative Summary, Assembly Committee On Governmental Organizations

California Agencies

No abstract provided.

Legislative Sumary 2015-2016 Session, Assembly Committee On Aging And Long-Term Care

California Agencies

No abstract provided.

2015-2016 Legislative Summary, Assembly Committee On Local Government

California Agencies

No abstract provided.

Annual Report 14/15, California Housing Finance Agency

California Agencies

California Housing Finance Agency Annual Report for 2014/15.

People V. Chambers, Jesse W. Carter

Jesse Carter Opinions

Property that belonged to state should not have been sold for taxes, and thus county was responsible for reimbursing former owners for tax deed; statute of limitations did not apply to property owned by the state and devoted to a public use.

Guide To The Cortese-Knox-Hertzberg Local Government Reorganization Act Of 2000, Assembly Committee On Local Government

California Assembly

No abstract provided.

Guide To The Cortese-Knox-Hertzberg Local Government Reorganization Act Of 2000, Assembly Committee On Local Government

California Assembly

The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 establishes procedures for local government changes of organization, including city incorporations, annexations to a city or special district, and city and special district consolidations. Local agency formation commissions (LAFCOs) have numerous powers under the Act, but those of primary concern are the power to act on local agency boundary changes and to adopt spheres of influence for local agencies. Among the purposes of LAFCOs are the discouragement of urban sprawl and the encouragement of the orderly formation and development official agencies. Staff to the Assembly Local Government Committee regularly updates the Guide …

The Case For Local Constitutional Enforcement, Kathleen Morris

Publications

This Article calls for the overruling of the central rule in Hunter v. City of Pittsburgh (1907) on Erie grounds. Hunter announced as a matter of federal law that local governments are powerless instrumentalities of state governments. Legal scholars have criticized Hunter for exacerbating the doctrinal and practical problems that plague local government law. This Article goes further by challenging Hunter directly. It argues first that Erie v. Tompkins (1938), properly read, effectively overruled the central rule in Hunter. Second, it argues that we should not mourn the loss of that rule because its analytic support structures are historically, …

Ex Parte Communications: The Law And Practices At Six California Boards And Commissions, California Research Bureau, Charlene Wear Simmons

California Agencies

Ex parte communications are made in private between an interested party in a decision-making process and an official in a decision-making position. Because they can introduce an element of bias in a decision-making process and violate basic due process requirements, state law requires that the involved officials publicly disclose ex parte communications made during adjudicative proceedings. However the legal requirements and practices for rulemaking (or "quasi-legislative) proceedings vary for the six boards and commissions analyzed for this report, and the public disclosure process evidenced in their meeting minutes is uneven.

What Is To Be Done? Legislators Look At Redevelopment Reforms, Senate Local Government Committee, Senate Transportation & Housing Committee, Assembly Housing & Community Development Committee, Assembly Local Government Committee, Assembly Judiciary Committee

California Joint Committees

No abstract provided.

California Public Policy Bibliography 2001, California Research Bureau

California Agencies

This is a bibliography of public policy resources for California's economy and population, and various legislative committees.

Governor's Office For Innovation In Government - Annual Report 2000-2001, Governor's Office For Innovation In Government

California Agencies

No abstract provided.

Executive Summary Final Report And Recommendations To The Governor And The Legislature, California Constitution Revision Commission

California Agencies

No abstract provided.

California Constitution Revision Commission: History And Perspective, California Constitution Revision Commission

California Agencies

The purpose of this report is to provide historical perspective to the work and recommendations of the Commission. In most cases the issues studied by the Commission are identified and historical analysis is provided. The primary contributors to this work were Pat Ooley, graduate student of Public History at the University of California at Santa Barbara and Amanda Meeker, graduate student at California State University, Sacramento. As archive researchers for the Secretary of State's California State Archives, they made a substantial contribution to the understanding of the history of the many issues faced by the Commission. Their work was greatly …

California Constitution Revision Commission: Final Report And Recommendations To The Governor And The Legislature, California Constitution Revision Commission

California Agencies

Three years ago, the legislature and the governor agreed that a fundamental review of California government was imperative. The result was the creation of the 23-member California Constitution Revision Commission.

The Commission, consisting of gubernatorial and legislative appointments and selected state officers, met for the first time in May 1994. The governor and legislative leaders addressed the Commission and urged it to be bold and creative and to consider all relevant issues-however controversial. The Commission's recommendations reflect those admonitions. Thirty public meetings were held including four formal public hearings, plus five workshops and, along with the League of Women Voters, …

A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave

Publications

Part I of this Article discusses the fundamental nature of the rights found in California's Declaration of Rights, and the need to maintain their stability. It also discusses the problems inherent in forcing the interpretation of California rights to follow federal interpretations. Part II traces the development of the independent state grounds doctrine in the United States, and specifically, in California. Part III explains the history and procedure of the voter initiative in California, while Part IV analyzes how Propositions 8 and 115 have limited the ability of the California judiciary to give independent meaning to California's Declaration of Rights. …

The Dangers Of Government Gridlock And The Need For A Constitutional Convention, Barry Keene

California Agencies

No abstract provided.

Constitutional Officers, Agencies, Boards And Commissions In California State Government, 1849-1975, Institute Of Governmental Studies, Uc Berkeley, Elizabeth A. Capell

California Agencies

This paper is designed primarily to present data on the formal organizational history of governmental units created by statute or constitutional provision by California state government since 1849.

Final Summary Of Seleted Legislation Relating To Amending The California Consitution, Constitutional Amendments Committee

California Joint Committees

No abstract provided.

Los Angeles County Flood Control Dist. V. Southern California Edison Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

By accepting a franchise right in public streets, a utility was subject to an implied obligation to relocate its facilities at its own expense when necessary to make way for the laying of storm drains by a flood control district.

People Ex Rel. Averna V. Palm Springs [Dissent], Jesse W. Carter

Jesse Carter Opinions

Judgment was entered in favor of a city in a quo warranto action challenging the annexation of uninhabited land because annexation was not unreasonable, and the permissible shape, character, and extent of the annexed land was a political question.

Johnston V. Claremont [Dissent], Jesse W. Carter

Jesse Carter Opinions

Amendment to zoning ordinance was invalid, as the act of amending a general zoning ordinance to change certain property from one zone to another was an act pursuant to the city's legislative capacity, which was subject to referendum.

People Ex Rel. Department Of Public Works V. Russell [Dissent], Jesse W. Carter

Jesse Carter Opinions

Award of severance damages for landowner's non-abutting parcel in condemnation case was vacated because county road relocation did not impair landowner's easement on parcel but was an inconvenience suffered as member of public and was noncompensable.

Glendale V. Trondsen, Jesse W. Carter

Jesse Carter Opinions

A charge for rubbish collection that was imposed by a city ordinance was a reasonable exercise of the police power. Residents received the benefit of rubbish collection availability notwithstanding fact that they chose not to use the services.