Digital Commons Network^™

Juvenile Pariahs, Amy E. Halbrook

UC Law Journal

Under federal and some state laws, juveniles who have been adjudicated delinquent for sex offenses can be required to register on sex offender registries for extended periods or life. In some jurisdictions, lifetime sex offender registration, community notification, and other sex offender restrictions are mandatory.This Article explores whether mandatory lifetime sex offender registration, community notification and other sex offender restrictions violate the Eighth Amendment’s guarantee against cruel and unusual punishment as applied to juveniles. Citing Roper v. Simmons and Graham v. Florida, the United States Supreme Court recently held in Miller v. Alabama that assigning mandatory life-without-parole prison sentences to …

Captive Markets, Leah A. Plunkett

UC Law Journal

Modern county jails have increasingly adopted policies to bill their inmates for some or all of the costs of their room and board. Statutes authorizing counties to implement these “pay-to-stay” programs are on the books in roughly seventy percent of states, yet the financial mechanism on which these programs typically rely is not well understood. Although the pay-to-stay obligation bears some resemblance to familiar citizen-state financial transactions—such as fines and penalties, restitution, taxes, and fees—it usually belongs to a distinct model that this Article calls the “government-imposed loan.” This Article provides an overview of the landscape of pay-to-stay programs and …

Transportation Projects. Vehicle License Fee. Initiative Constitutional Amendment.

Initiatives

Increases vehicle license fee by 1% of a vehicle's value, phased in over four years. Exempts commercial vehicles from 1% increase if diesel fuel taxes are raised by three cents per gallon. Requires new fees to be deposited in a special fund. Also redirects certain sources of current state revenue to this special fund. Disburses revenue from the special fund to pay-as-you-go transportation projects, including local streets and roads, state highways, and public transportation. Prohibits use of fund for other purposes. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:Increased state …

Transportation Projects. Vehicle License Fee. Initiative Constitutional Amendment.

Initiatives

Increases vehicle license fee by 1% of a vehicle's value, phased in over four years. Exempts commercial vehicles from 1% increase if diesel fuel taxes are raised by three cents per gallon. Requires new fees to be deposited in a special fund. Also redirects certain sources of current state revenue to this special fund. Disburses revenue from the special fund to pay-as-you-go transportation projects, including local streets and roads, state highways, and public transportation. Prohibits use of fund for other purposes. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:Increased state …

Used Vehicles. Buyer Protection. Initiative Statute.

Initiatives

Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Requires criminal background checks on dealer employees with access to customers' personal information. Imposes liability on dealers for identity theft at dealership. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown but probably not significant net effect on overall state and local government revenues resulting from changes affecting the sale of vehicles.

Used Vehicles. Buyer Protection. Initiative Statute.

Initiatives

Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Prohibits dealers from using certain high-pressure tactics, or cancelling or changing vehicle sale or lease contracts at additional buyer expense, after delivery of vehicle. Requires minimum 30-day, 1,000 mile warranty on used vehicles. Limits financial incentives to dealers for arranging vehicle financing. Requires criminal background checks on dealer employees with access to customers' personal information. Imposes liability on dealers for identity theft at dealership. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown …

Used Vehicles. Buyer Protection. Initiative Statute.

Initiatives

Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown but probably not significant net effect on overall state and local government revenues resulting from changes affecting the sale of vehicles.

Used Vehicles. Buyer Protection. Initiative Statute.

Initiatives

Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Requires criminal background checks on dealer employees with access to customers' personal information. Imposes liability on dealers for identity theft at dealership. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown but probably not significant net effect on overall state and local government revenues resulting from changes affecting the sale of vehicles.

Used Vehicles. Buyer Protection. Initiative Statute.

Initiatives

Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Prohibits dealers from using certain high-pressure tactics, or cancelling or changing vehicle sale or lease contracts at additional buyer expense, after delivery of vehicle. Requires minimum 30-day, 1,000 mile warranty on used vehicles. Limits financial incentives to dealers for arranging vehicle financing. Requires criminal background checks on dealer employees with access to customers' personal information. Imposes liability on dealers for identity theft at dealership. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown …

Used Vehicles. Buyer Protection. Initiative Statute.

Initiatives

Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown but probably not significant net effect on overall state and local government revenues resulting from changes affecting the sale of vehicles.

Used Vehicles. Buyer Protection. Initiative Statute.

Initiatives

Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Prohibits dealers from using certain high-pressure tactics, or cancelling or changing vehicle sale or lease contracts at additional buyer expense, after delivery of vehicle. Requires minimum 30-day, 1,000 mile warranty on used vehicles. Limits financial incentives to dealers for arranging vehicle financing. Requires criminal background checks on dealer employees with access to customers' personal information. Imposes liability on dealers for identity theft at dealership. Eliminates New Motor Vehicle Board administrative review of consumer protection violations. Summary of estimate by Legislative Analyst and Director …

Used Vehicles. Buyer Protection. Initiative Statute.

Initiatives

Requires auto dealers to repair manufacturer-recalled safety defects on used vehicles before sale or lease to consumer. Prohibits dealers from using certain high-pressure tactics, or cancelling or changing vehicle sale or lease contracts at additional buyer expense, after delivery of vehicle. Requires minimum 30-day, 1,000 mile warranty on used vehicles. Limits financial incentives to dealers for arranging vehicle financing. Requires criminal background checks on dealer employees with access to customers' personal information. Imposes liability on dealers for identity theft at dealership. Eliminates New Motor Vehicle Board administrative review of consumer protection violations. Summary of estimate by Legislative Analyst and Director …

Marijuana Legalization. Initiative Statute.

Initiatives

Legalizes under state law marijuana use, growth, cultivation, possession, transportation, storage, or sale. Creates commission to regulate, and provide business licenses for, marijuana cultivation, sales, processing, transportation, and distribution. Applies retail sales taxes to marijuana, unless exemptions for medical or dietary uses apply. Allocates revenues equally among education, healthcare, law enforcement/fire, drug abuse education/treatment, commission expenses. Prohibits discrimination against marijuana users or businesses. Requires voter approval to zone beyond set limits. Bars state/local aid to enforce federal or state marijuana laws. Exempts existing medical marijuana collectives from licensing, regulatory, and local zoning requirements. Summary of estimate by Legislative Analyst and …

Marijuana Legalization. Initiative Statute.

Initiatives

Legalizes under state law marijuana use, growth, cultivation, possession, transportation, storage, or sale. Creates commission to regulate, and provide business licenses for, marijuana cultivation, sales, processing, transportation, and distribution. Applies retail sales taxes to marijuana, unless exemptions for medical or dietary uses apply. Allocates revenues equally among education, healthcare, law enforcement/fire, drug abuse education/treatment, commission expenses. Prohibits discrimination against marijuana users or businesses. Requires voter approval to zone beyond set limits. Bars state/local aid to enforce federal or state marijuana laws. Exempts existing medical marijuana collectives from licensing, regulatory, and local zoning requirements. Summary of estimate by Legislative Analyst and …

State School Funding. Timing Of Distributions To Schools. Initiative Statute.

Initiatives

Repeals, and re-enacts effective July 1, 2015, the state statute authorizing distribution and governing timing of payments from the State School Fund, the primary source of annual state funding for schools. Requires a three-fourths majority vote of the Legislature to defer payments to schools, or to amend the statute in any other way aside from moving up the timing of distributions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: One-time state costs in 2015-16 of up to $5.6 billion to eliminate all existing school payment deferrals. Beginning in 2015-16, more …

State School Funding. Timing Of Distributions To Schools. Initiative Statute.

Initiatives

Repeals, and re-enacts effective July 1, 2015, the state statute authorizing distribution and governing timing of payments from the State School Fund, the primary source of annual state funding for schools. Requires a three-fourths majority vote of the Legislature to defer payments to schools, or to amend the statute in any other way aside from moving up the timing of distributions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: One-time state costs in 2015-16 of up to $5.6 billion to eliminate all existing school payment deferrals. Beginning in 2015-16, more …

Personally Identifying Information. Confidentiality. Initiative Constitutional Amendment.

Initiatives

Creates presumption that an individual's personally identifying information, including financial or health information, is confidential when collected for a commercial or governmental purpose. Requires collector of personally identifying information to use all reasonably available means to protect it from unauthorized disclosure. Creates presumption of harm when personally identifying information is disclosed without the subject's authorization. Permits disclosure of personally identifying information without authorization if it is publicly available from government records or there is a countervailing compelling interest in disclosure and no other reasonable way to accomplish that interest. Summary of estimate by Legislative Analyst and Director of Finance of …

Personally Identifying Information. Confidentiality. Initiative Constitutional Amendment.

Initiatives

Creates presumption that an individual's personally identifying information, including financial or health information, is confidential when collected for a commercial or governmental purpose. Requires collector of personally identifying information to use all reasonably available means to protect it from unauthorized disclosure. Creates presumption of harm when personally identifying information is disclosed without the subject's authorization. Permits disclosure of personally identifying information without authorization if it is publicly available from government records or there is a countervailing compelling interest in disclosure and no other reasonable way to accomplish that interest. Summary of estimate by Legislative Analyst and Director of Finance of …

The Ongoing Correctional Chaos In Criminalizing Mental Illness: The Realignment's Effects On California Jails, Anastasia Cooper

UC Law SF Journal on Gender and Justice

This note explores the increasing presence of the mentally ill in California county jails, specifically in the Los Angeles County Jail. particularly in the context of California's Realignment legislation. The case igniting this reform in California, Brown v. Plata alleged Eighth Amendment violations in California's prison system based on shortcomings in mental health care and medical care. The Supreme Court attributed the violations and deficiencies in care to overcrowding in the prison population. California legislators responded to the Supreme Court's prison-population reduction mandate with Assembly Bill 109 which redirects inmates to county jail. The mentally ill were largely and ironically …

Strengthening The Effectiveness Of California's Hiv Transmisision Statute, Erin Mccormick

UC Law SF Journal on Gender and Justice

The current California HIV transmission statute is ineffective because the intentional exposure mens rea requirement drastically limits prosecutors' ability to show culpability for those who expose others to HIV through sexual activity. This note proposes an amended statue, which allow for prosecuting those who knowingly expose others to HIV without disclosing to them their HIV -positive status.

From Punitive To Proactive: An Alternative Approach For Responding To Hiv Criminalization That Departs From Penalizing Marginalized Communities, Angela Perone

UC Law SF Journal on Gender and Justice

Laws passed during the early stages of the HIV epidemic targeted people with HIV before researchers fully understood transmission and prevention of the disease. These laws now serve as vestiges of fear and misinformation about HIV transmission. These laws also perpetuate systems of inequality by enabling bias and misinformation to permeate the courts. As such, new approaches to HIV transmission should move from a punitive model and more toward a proactive transformative model. This article proposes a multi-pronged approach to destigmatize and decriminalize HIV involving community, legislative, and educational structural changes.

Lost In The Fog Of Miranda, George C. Thomas Iii

UC Law Journal

For over two centuries, Anglo-American law used a test of “voluntariness” to determine the admissibility of confessions. The twentieth century saw increasing skepticism that law can determine which conscious utterances are “voluntary” and which are not. Suspects who speak to police do so because they choose to speak rather than the alternative. If the alternative is torture, that feels involuntary. But if it is merely a lengthy interrogation, who can “prove” that the choice to answer is involuntary? Miranda v. Arizona was, in part, the Court’s response to this skepticism. If judges cannot tell which utterances are voluntary, why not …

Note – Fair Use As Free Speech Fundamental: How Copyright Law Creates A Conflict Between International Intellectual Property And Human Rights Treaties, Jacob Zweig

UC Law Journal

Copyright law grants individuals monopoly over a particular kernel of expression, whereas the right to freedom of expression theoretically grants others the right to use that same kernel of expression. In this sense, the right to freedom of expression conflicts with copyright law. This Note argues that a flexible, open-norm copyright exception like the U.S. fair use doctrine provides a free speech safety valve that is essential in resolving the conflict and is thus a necessary component of the right to freedom of expression protected by treaties such as the International Covenant on Civil and Political Rights and the European …

International Takings: Emergence Of Takings Litigation In Kenya, Jane Dwasi

UC Law Environmental Journal

No abstract provided.

Combatting Sea Level Rise In Southern California: How Local Governments Can Seize Adaptation Opportunities While Minimizing Legal Risk, Megan M. Herzog, Sean B. Hecht

UC Law Environmental Journal

No abstract provided.

Whose Streets: California Public Utilities Code Section 7901 In The Wireless Age, Michael W. Shonafelt

UC Law SF Communications and Entertainment Journal

In 1850, cutting-edge communications infrastructure took the form of telegraph poles and wires. The first Transcontinental Railroad would not be completed until the Golden Spike joined the rail lines at Promontory Point on May 10, 1869. The railroad right of way afforded an important avenue, allowing the new nation to be linked from coast to coast by the miracle of the telegraph's new technology. Today, 162 years later, the new technology is wireless broadband. An important avenue for its expansion and goal of universal coverage are the roads and highways of the state of California.

To meet exponential demand, wireless …

Fragmented Regulation Of Multiple Stressors: A Cautionary Tale For Takings Law, Brian Gray

UC Law Environmental Journal

No abstract provided.

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.

Evaluating Economic Impact In Regulatory Takings Cases, Daniel L. Siegel

UC Law Environmental Journal

No abstract provided.

A Check-In On Privacy After United States V. Jones: Current Fourth Amendment Jurisprudence In The Context Of Location-Based Applications And Services, Kathryn Nobuko Horwath

UC Law Constitutional Quarterly

This note will discuss whether current Fourth Amendment jurisprudence adequately protects user location information obtained from location-based services ("LBS"), and if not, what changes can be made to ensure our right to privacy in this digital information. In Part I, the concept of LBS and a technical description of how it works is discussed. Part II summarizes the Supreme Court's recent decision in United States v. Jones on warrantless prolonged use of a GPS tracking device and will outline the Fourth Amendment jurisprudence underpinning the Court's logic. Part III delivers an in-depth description of federal statutory law that applies to …