Law Commons^™

F07rs Sgb No. 17 (Debate Team), Cummings

Student Senate Enrolled Legislation

No abstract provided.

Santa Clara Magazine, Volume 49 Number 2, Fall 2007, Santa Clara University

Santa Clara Magazine

14 - A DAY IN THE LIFE OF THE PRESIDENT By Ron Hansen. Set your alarm clock early-then get up and follow Paul Locatelli, S.J., through a day of leading the University and serving as pastor, professor, mayor, and CEO.

22 - BUILT BY IMMIGRANTS By Gerald McKevitt, S.J. How Italian Jesuits helped shape the American West, from religious devotions to curriculum to pasta.

28 - YOU ARE HERE By Sarah Stanek. SCU students and faculty collaborate on a groundbreaking project documenting early life at Mission Santa Clara-and the result is a book that's the first of its kind for …

California's Domestic Partnership Law: Incremental Progress Or Dramatic Social Change?, Carol A. Docan, Richard F. Sperling

William & Mary Journal of Race, Gender, and Social Justice

Effective January 1, 2005, the California Domestic Partner Rights and Responsibilities Act of 2003 (CDPRRA) replaced the Domestic Partnership Act of 1999, vesting registered domestic partners with new rights and a court termination procedure similar to divorce. Does the new statute legalize gay marriage? Are domestic partners eligible for spousal support? Are the registration and termination procedures voluntary? Does the Unruh Civil Rights Act now require businesses and private organizations to include gay members? The article reviews the new law and analyzes how three recent court decisions resolve these controversial issues.

The Eighth Amendment, The Death Penalty And Ordinary Robbery-Burglary Murderers: A California Case Study, Steven Shatz

Steven F. Shatz

Santa Clara Magazine, Volume 49 Number 1, Summer 2007, Santa Clara University

Santa Clara Magazine

8 - A CENTURY OF BRONCO BASKETBALL, By Jed Mettee and Steven Boyd Saum. Celebrating the first hundred seasons.

12 - A FAMILY SHOW By Steven Boyd Saum. Meet new men's basketball coach Kerry Keating.

14 - A SPACE THAT TALKS TO NATURE By Miriam Schulman. A team of SCU students aim to win the Department of Energy's Solar Decathlon. And save the planet.

19 - EPITAPH FOR THE JOURNEY A poem by Paul Mariani.

22 - THE BUZZ ABOUT SUSTAINABILITY By John Farnsworth. When we talk about "sustainability," what are we really talking about?

26 - THE GREEN TAX …

Sacrificing Settlement Agreements In The Name Of Mediation Confidentiality: The California Supreme Court's Narrow Holding Has Harsh Consequence, Laura J. Bettenhausen

Journal of Dispute Resolution

Confidentiality is regarded as one of the primary benefits of mediation. For parties who wish to avoid the public eye, mediation is often preferable to court. However, when parties reach some form of a settlement agreement during mediation, and subsequently disagree as to the terms of that agreement, the parties may find themselves in court. In court, the issue of whether the settlement agreement is admissible arises. In Fair v. Bakhtiari, the California Supreme Court addressed the question of whether an arbitration provision listed in a settlement agreement renders the agreement admissible under the California Evidence Code. The court emphasized …

Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Glenn Casamassa, Forest Supervisor, Arapahoe-Roosevelt National Forest

17 slides

Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

3 pages.

Includes bibliographical references

"A. Dan Tarlock, Distinguished Professor of Law and Director, Program in Environmental and Energy Law, Chicago-Kent College of Law"

"David H. Getches, Dean and Raphael J. Moses Professor of Natural Resources Law, University of Colorado Law School"

Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: J.B. Ruhl, Florida State University Law School

18 slides

The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

11 pages.

Includes bibliographical references

"Outline of presentation of John D. Leshy, Harry D. Sunderland Distinguished Professor, U.C. Hastings College of the Law, Natural Resources Law center, June 7, 2007" (pp. 3-5)

"Leshy draft 4.27.07 For Natural Resources Law Center" (pp. 6-13)

Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder

43 slides

If They Can Raze It, Why Can't I? A Constitutional Analysis Of Statutory And Judicial Religious Exemptions To Historic Preservation Ordinances, Erin Guiffre

Georgetown Law Historic Preservation Papers Series

In 1996, America almost lost a great piece of its history. The Cathedral of Saint Vibiana, located in Los Angeles, was in danger of being destroyed. The "Baroque-inspired Italianate structure" was completed in 1876 by architect Ezra F. Kysor. The cathedral is one of only a few structures from Los Angeles' early history remaining. As an important part of history and a beautiful piece of architecture, the cathedral was listed on California's register of historic places. In 1994, an earthquake damaged part of the building. After an inspection by the building and safety department in 1996, the only portion of …

Santa Clara Magazine, Volume 48 Number 4, Spring 2007, Santa Clara University

Santa Clara Magazine

8 - ARCHAEOLOGISTS OF THE CARIBBEAN By Monte Lorenzet. Eye patch and peg leg-we all know what makes a pirate. Or do we? Only recently have scientists taken a serious look at the archeology of piracy, with SCU's Russ Skowronek one of the hearties unearthing facts buried beneath centuries of myth.

12 - ARE PEOPLE GETTING CRAZIER? By Thomas G. Plante. From what the media offers every day, you can't help but think the world is going to hell in a handbasket. What's really going on? And what can we do about it?

21 - A TEACHABLE MOMENT Q&A with …

Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Clifford Rechtschaffen, Professor of Law and Director, JD Environmental Law Program; Co-Director, Environmental Law and Justice Clinic, Golden Gate University School of Law

5 pages.

Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Nicholas Targ, Holland & Knight, former Associate Director for Environmental Justice Integration, Office of Environmental Justice, U.S. Environmental Protection Agency

16 slides

Why The County Jail Is Often A Better Choice, Shawn Chapman Holley

Michigan Law Review First Impressions

I have been a criminal defense lawyer in Los Angeles for almost twenty years. I began my career in the Los Angeles County Public Defender’s Office, representing defendants who were poor and often homeless. For the past twelve years, I have been in private practice, representing defendants who are wealthy and often famous. Having represented criminal defendants coming from such varied economic circumstances, I have witnessed firsthand the criminal justice system’s disparate treatment of those with money and those without. Pay-to-stay jails are yet another example of that disparity. Yet I believe that those without the money to pay for …

Government Entrepreneurship: How Cop, Direct Supervision, And A Business Plan Helped To Solve Santa Ana's Crime Problems, Paul M. Walters, Russell Davis

Michigan Law Review First Impressions

Much has been written about Community Oriented Policing for police agencies and about the Direct Supervision concept for jail operations. Each strategy is at the cutting edge of its respective discipline. This Commentary describes how the progressive City of Santa Ana implemented both strategies— along with a visionary business plan to operate its jail at minimal cost—to combat crime successfully. The City’s business plan relies on entrepreneurship that is too often lacking in government programs. This approach has led to a number of innovations in law enforcement, corrections, and government service. Pay-to-Stay programs provide yet another example of how Santa …

Pay-To-Stay In California Jails And The Value Of Systemic Self-Embarassment, Robert Weisberg

Michigan Law Review First Impressions

The website of the Santa Ana, California-version of Pay-to-Stay uses hotelier-type verbiage in describing features of its alternative jail program. It tells us that the jail “is pleased to host a full range of alternatives to traditional incarceration”; it reassures prospective “clients” seeking flexible work/jail schedules (“Work on Saturday or Sunday? No problem, your weekend days are our weekend days.”); it guarantees “24-hour on-site medical staff”; it accommodates inmates near and far (“We have helped clients with sentences from other counties as well as other states.”); and it generally brags that the jail “is the most modern and comfortable facility …

Pay-To-Stay Programs In California Jails, Michael S. Carona

Michigan Law Review First Impressions

When a person has committed a criminal offense, he or she must be punished to vindicate the law, to acknowledge the suffering of the victim, and to deter future crimes. Imprisonment—the method commonly used to carry out this punishment—becomes increasingly problematic when our jails and prisons, especially in California, are bursting at the seams. As the Sheriff of the eighth largest jail system in the nation, I am responsible for the confinement and care of thousands of inmates in the Orange County Jail system. With a growing inmate population and a shortage of beds, I continue to look for new …

Can Michigan Universities Use Proxies For Race After The Ban On Racial Preferences?, Brian T. Fitzpatrick

Michigan Journal of Race and Law

In 2003, the Supreme Court of the United States held that public universities—and the University of Michigan in particular--had a compelling reason to use race as one of many factors in their admissions processes: to reap the educational benefits of a racially diverse student body. In 2006, in response to the Supreme Court's decision, the people of Michigan approved a ballot proposal--called the Michigan Civil Rights Initiative ("MCRI")-that prohibits public universities in the state from discriminating or granting preferential treatment on the basis of race. Shortly after the MCRI was approved, a number of Michigan universities suggested that they were …

R.J. Reynolds Tobacco Co. V. Shewry: Has The Tobacco Industry Met Its Match?, Lauren Rachel Bregman

Journal of Health Care Law and Policy

No abstract provided.

Santa Clara Magazine, Volume 49 Number 3, Winter 2007, Santa Clara University

Santa Clara Magazine

14 - TOUGH CALL By Jim Shepard. Mike Carey '71 reveals what it takes to earn your stripes as a head ref in the NFL.

16 - REDEFINING NATURE By Steven Boyd Saum. Is it the end of wilderness as we know it? And could genetically modified crops be better for the environment? Read what SCU scientists are saying.

18 - THE PERSON IN FRONT OF YOU A transglobal photo essay by David Pace.

24 - PANETTA ON IRAQ By Farid Senzai. A Q&A with Leon Panetta '60, J.D. '63, member of the Iraq Study Group and chief of staff …

A Better Approach To Juvenile Sex Offender Registration In California, Christina Rule

University of San Francisco Law Review

This Comment argues that the legitimate goals of juvenile sex offender registration-public safety, retribution, and rehabilitation-cannot be effectively implemented or realized under California's current juvenile registration statute.

But Can It Be Fixed? A Look At Constitutional Challenges To Lethal Injection Executions, Ellen Kreitzberg, David Richter

Faculty Publications

This article argues that California's Procedure 770 as currently implemented is unconstitutional. Judge Fogel, after an exhaustive review of evidence from all parties,agrees. Although Judge Fogel believes that the lethal injection system, while broken "can be fixed," we argue that lethal injection, as a method of execution, is always unconstitutional because the procedures employed in its administration can never ensure against unnecessary risk of pain to the inmate. We also argue that the California legislature must step in to publicly review lethal injection executions and to investigate the conduct of the California Department of Corrections and Rehabilitation (CDCR) in the …

Without Color Of Law: The Losing Race Against Colorblindness In Michigan, Khaled Ali Beydoun

Michigan Journal of Race and Law

This Essay examines affirmative action, while discussing its fall in California, Washington State, and ultimately Michigan.

In The Heat Of The Law, It's Not Just Steam: Geothermal Resources And The Impact On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant

Donald J. Kochan

Significant research has been conducted into the utilization of geothermal resources as a ‘green’ energy source. However, minimal research has been conducted into geothermal resource utilization and depletion impacts on thermophile biodiversity. Thermophiles are organisms which have adapted over millions of year to extreme temperature and chemical compositions and exist in hot springs and other geothermal resources. Their ability to withstand high temperatures makes them invaluable to scientific and medical research. Current federal and California case law classify geothermal resources as a mineral, not a water resource. Acquisition of rights to develop a geothermal resource owned or reserved by the …

The Inheritance Process In San Bernardino County, California, 1964: A Research Note, Lawrence M. Friedman, Christopher J. Walker, Ben Hernandez-Stern

Christopher J. Walker

Probate records are ubiquitous. Virtually every American county has records of estates of the dead. These records contain rich source material for any study of American legal and social history. They have a lot to tell us about family life, about the economy, about love and death and every aspect of life in America. Yet very few scholars have tried to tap these records. There are very few empirical studies that use as their main source probate records, probably no more than a dozen or so, and even fewer in California. This research note is a modest attempt to add …