Digital Commons Network^™

Prosecuting Terrorism: The Material Support Statute And Muslim Charities, Michael G. Freedman

UC Law Constitutional Quarterly

The federal law prohibiting the provision of material support to terrorist organizations has been no stranger to controversy. From its politically charged origins through its repeated amendment after September 11, 2001, it has remained an important, but often critiqued, weapon in the government's legal response to terrorism. The most prominent legal challenge to the law lasted over a decade. It culminated in June 2010, when the United States Supreme Court upheld the constitutionality of the law in Holder v. Humanitarian Law Project. The Court's opinion, however, correctly recognized that important questions remain unresolved.

One such question, which this Note addresses, …

Closing The Door On Misconduct: Rethinking The Ethical Standards That Govern Summations In Criminal Trials, Daniel S. Medwed

UC Law Constitutional Quarterly

Closing argument is the most pivotal moment in a criminal trial. It represents the last opportunity for prosecutors to convince jurors of the defendant's guilt and for defense lawyers to show reasonable doubt. As a result, criminal lawyers may be tempted to conclude with sweeping arguments that pull at the heartstrings of their target audience, the jury. Scholars dating back to Aristotle have warned that the most persuasive arguments often contain an appeal to emotion-and that emotionally laden rhetoric can distract people from making rational choices.

Legal ethicists have struggled with the issues surrounding closing arguments, trying to reconcile the …

Every Step You Take, They'll Be Watching You: The Legal And Practical Implications Of Lifetime Gps Monitoring Of Sex Offenders, Sarah Shekhter

UC Law Constitutional Quarterly

In 2006, California voters passed Proposition 63 ("Jessica's Law") which, among other provisions, required lifetime GPS monitoring of sex offenders. So far, California has only succeeded in fixing GPS devices to registered sex offenders on parole, yet this already constitutes the largest use of GPS monitoring anywhere in the world. A proper analysis of the constitutional issues surrounding electronic surveillance of parolees, probationers, and the released is warranted before further implementation.

This note explores past constitutional challenges to surveillance technology and sex offender legislation, applying their analyses to lifetime monitoring of sex offenders. It concludes that lifetime GPS monitoring threatens …

A Pathway To Follow-On Biologics, Jeanne Yang

UC Law Science and Technology Journal

Over the past several decades, advances in biotechnology and medicine have created an influx of biologics. Biologic products have shown great promise as effective treatments for cancer, autoimmune diseases, and other serious afflictions. Many drug manufacturers have been enticed by the promise of patent protection and strong market rates and have entered the field, developing innovative, therapeutic biologics. Consequently, there has also been a demand for generic follow-on biologics. There are two major factors limit the reach of biologic development: cost and safety. The need for an abbreviated approval system for follow-on biologics has been clearly demonstrated, and some options …

California Penal Code Sec. 270.1: A Constitutionally Impermissible Attempt To Combat Truancy, Alison Cordova

UC Law Constitutional Quarterly

In the 2008-2009 academic school year, over a quarter of the California public school student population was truant. There is a well established correlation between truancy and dropping out of high school. And high school dropouts make up over three quarters of the prison population of the State of California.

Responding to this alarming domino effect, the California Legislature enacted Penal Code section 270.1 in September, 2010. This statute imposes criminal liability on parents of chronically truant students for not encouraging or supervising their child's school attendance. While the aim of this law is clearly to attack criminality before it …

Health, Human Rights, And Violence Against Women And Girls: Broadly Redefining Affirmative State Duties After Opuz V. Turkey, Cheryl Hanna

UC Law SF International Law Review

This Paper was initially presented at the Hastings International & Comparative Law Review symposium Heath as a Human Right: The Global Option. The symposium was held in memory of Professor Virginia Leary, a leader in international law. Professor Hanna takes this theme and applies it to global problem of violence against women and girls and makes two assertions. First, while there has been tremendous progress in our understanding of how male violence against women and girls undermines gender equality and impacts their right to autonomy and full citizenship, the most fundamental and basic consequence of such violence - physical and …

Hiv/Aids And Human Rights In Botswana And Swaziland: A Matter Of Dignity And Health, Vincent Iacopino, Sheri D. Weiser, Madhavi Dandu, David Tuller

UC Law SF International Law Review

A health and human rights framework provides a comprehensive perspective for understanding complex interactions between HIV/AIDS, human rights, and the health of individuals and communities. By helping to identify a broad range of social factors that affect health, such a framework also facilitates the development of interventions and policies that maximize both health and human rights benefits. In this Article, we discuss the various linkages between health and human rights and review the literature on HIV/AIDS and human rights, with a focus on under-resourced settings. In particular, we examine how the framework is relevant to the specific epidemics in Botswana …

Universal Jurisdiction To Prosecute Human Trafficking: Analyzing The Practical Impact Of A Jurisdictional Change In Federal Law, John Reynolds

UC Law SF International Law Review

Human trafficking is fast-growing international dilemma. This note evaluates the potential of universal jurisdiction to prosecute human trafficking to mitigate the crime's impact. Analogies are drawn to slavery and piracy, the paradigm crimes subject to universal jurisdiction. This note will also explore alternative approaches to combating human trafficking - political and economic approaches that attempt to undercut the root causes of human trafficking.

Fragrant Or Foul? - Regulation Of The Global Perfume Industry And The Implications For American Sovereignty, Caroline M. Reebs

UC Law SF International Law Review

The regulation of fragranced personal care products is increasingly scrutinized in the United States. As the FDA's cosmetic product requirements are minimal, particularly when compared to those followed by food producers and drug manufacturers, consumer groups emphasize the negative health implications. Industry, on the other hand, maintains that fragrances are safe for use and are effectively monitored by international trade associations. Because the government plays a modest role in cosmetic regulation, an arbiter is needed.

This Note examines the above concerns in a comparative light. The European Union's Cosmetic Directive imposes more requirements on cosmetic manufacturers and maintains a lengthier …

Choosing Your Child's Race, Dov Fox

UC Law SF Journal on Gender and Justice

Assisted reproduction has answered many couples' hopes of conceiving a child. In assisted reproduction, the appearance of racial salience matters, and adjusting the prominence of race in decision making frameworks can shape social meaning. There is a spectrum of salience-varying approaches that sperm banks could adopt to manage information about donor race, each of which sends a different message about the social meaning of donor catalog and website design. This Article considers four such approaches: race-indifferent, race-sensitive, race-attentive, and raceexclusive. Although civil rights scholarship reveals that race-based classification is not a necessary condition of wrongful discrimination, we should remain diligent …

Spreading The Wealth: Is Asset Forfeiture The Key To Enticing Local Agencies To Enforce Federal Drug Laws, David T. Gibson

UC Law Constitutional Quarterly

The "War on Drugs" has proven a costly program for the federal government. One of the ways that this ambitious and resource intensive effort has sustained itself is through asset forfeiture of property previously held by criminals. By seizing title to confiscated property that has been used directly in drug crimes or indirectly to further a criminal conspiracy, the government has been able to absorb substantial resources to further its efforts in waging its drug war against drug criminals.

Asset forfeiture is a powerful tool wielded by law enforcement, and can quickly and effectly shut down drug production and trafficking …

The Emperor's New Scanner: Muslim Women At The Intersection Of The First Amendment And Full-Body Scanners, Rohen Peterson

UC Law SF Journal on Gender and Justice

This Note focuses on the intersection of religious freedom and the need for public safety at airport security checkpoints. The main text of Islam, the Qur'an, instructs women to express their faith through modesty. This religiously prescribed practice gives rise to an important privacy interest for Muslim women, protected by the First Amendment's Free Exercise Clause. Faced with a growing public concern about airport security, the Transportation Security Administration has chosen to expand the use fullbody scanners at airport security checkpoints. The state has established a strong interest in the use of such devices in order to maintain public safety. …

Advocacy, True Threats, And The First Amendment, Mark Strasser

UC Law Constitutional Quarterly

Brandenburg v. Ohio is thought by many to represent an extremely speech-protective doctrine. Yet, much of the protection offered by Brandenburg can easily be swallowed up by the true threat doctrine, which provides the basis for a robust exception to First Amendment protections. Both the Brandenburg protections and the true threat exception are important to maintain-the great challenge for the Court is to include both within the formulation and articulation of First Amendment jurisprudence so that sufficient protection is afforded to the implicated societal and the individual interests represented by each. Regrettably, rather than provide helpful guidelines that would establish …

Fair Trespass, Ben Depoorter

Faculty Scholarship

No abstract provided.

Imposes New Annual Surcharge And New Annual Tax On All Pension Income Over $40,000. Initiative Statute

Initiatives

Imposes on California residents a new annual surcharge (between $5,000 and $50,750) and a new annual tax (between 20% and 60%) on all pension income, including employer-paid health insurance premiums, in excess of $40,000. May impose a one-time additional tax on non-California residents whose pension benefits earned in California in a taxable year exceed $40,000. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential annual state revenue increase of up to $18 billion beginning in 2012 and decreasing over time from new taxes on pension benefits. This estimate assumes the …

Reduces Public Pension And Retirement Health-Care Benefits. Initiative Constitutional Amendment.

Initiatives

For peace officers, firefighters, public safety, and other public employees hired after July 1, 2011, this measure: reduces pension and retirement health-care benefits; increases minimum retirement age; restricts early retirement; increases minimum age and years of employment needed for retirement health-care benefits; and limits post-retirement pension increases. For current and new public employees this measure: prohibits retroactive increases in retirement benefits and requires public employers to make annual payments for future benefit costs. Allows public employers to adjust retirement contribution rates for new employees in future labor agreements. Summary of estimate by Legislative Analyst and Director of Finance of fiscal …

Reduces Public Pension And Retirement Health-Care Benefits. Initiative Constitutional Amendment.

Initiatives

For peace officers, firefighters, public safety, and other public employees hired after July 1, 2011, this measure: reduces pension and retirement health-care benefits; increases minimum retirement age; restricts early retirement; increases minimum age and years of employment needed for retirement health-care benefits; and limits post-retirement pension increases. For current and new public employees this measure: prohibits retroactive increases in retirement benefits and requires public employers to make annual payments for future benefit costs. Allows public employers to adjust retirement contribution rates for new employees in future labor agreements. Summary of estimate by Legislative Analyst and Director of Finance of fiscal …

Changes Law To Prohibit State In Fiscal Emergencies From Using Local-Government And Transportation Funds For Other Purposes. Allows Local Sales And Use Tax Increases By Majority Vote For Countywide Strategic Plans. Initiative Constitutional Amendment And Statute.

Initiatives

Amends constitution to prohibit the State from borrowing or appropriating tax revenues allocated to local government entities, redevelopment agencies and transportation projects, even in times of fiscal hardship. Allows local government entities to submit local ballot measures increasing sales and use taxes up to one cent for approval by majority vote to implement countywide strategic plans. Requires 50% allocation of such taxes to schools. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Major increases—probably over $1 billion—in annual city, county, and school revenues and spending, depending on local voter approval …

Requires Assessment Of Most Commercial Property At Least Once Every Three Years And Increases Homeowners' Tax Exemption. Initiative Constitutional Amendment And Statute.

Initiatives

Changes existing law to require that commercial property be assessed at fair market value at least once every three years. Excludes residential and agricultural property. Doubles homeowners’ tax exemption from $7,000 to $14,000 on residential property. Creates small business tax exemption for first $1,000,000 in personal property. Permits county governments to offset reassessment costs; transfers ninety percent of remaining revenues to state’s General Fund to support all General Fund programs, including education, public safety, and health care. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Additional net state General Fund …

Suspends Implementation Of Air Pollution Control Law (Ab 32) Requiring Major Sources Of Emissions To Report And Reduce Greenhouse Gas Emissions That Cause Global Warming, Until Unemployment Drops To 5.5 Percent Or Less For Full Year

Propositions

SUSPENDS IMPLEMENTATION OF AIR POLLUTION CONTROL LAW (AB 32) REQUIRING MAJOR SOURCES OF EMISSIONS TO REPORT AND REDUCE GREENHOUSE GAS EMISSIONS THAT CAUSE GLOBAL WARMING, UNTIL UNEMPLOYMENT DROPS TO 5.5 PERCENT OR LESS FOR FULL YEAR. INITIATIVE STATUTE. • Suspends State law that requires greenhouse gas emissions be reduced to 1990 levels by 2020, until California’s unemployment drops to 5.5 percent or less for four consecutive quarters. • Suspends comprehensive greenhouse-gas-reduction program that includes increased renewable energy and cleaner fuel requirements, and mandatory emissions reporting and fee requirements for major emissions sources such as power plants and oil refineries. Summary …

California Fair Elections Act.

Propositions

CALIFORNIA FAIR ELECTIONS ACT. This act repeals the ban on public funding of political campaigns. Creates a voluntary system for candidates for Secretary of State to qualify for a public campaign grant if they agree to limitations on spending and private contributions. Candidates would have to qualify before receiving the grant. Candidates who demonstrate sufficient public support would receive the same amount. Participating candidates would be prohibited from raising or spending money beyond the grant. There would be strict enforcement and accountability with published reports open to the public. Funded by voluntary contributions and a biennial fee on lobbyists, lobbying …

Prohibits The State From Borrowing Or Taking Funds Used For Transportation, Redevelopment, Or Local Government Projects And Services

Propositions

PROHIBITS THE STATE FROM BORROWING OR TAKING FUNDS USED FOR TRANSPORTATION, REDEVELOPMENT, OR LOCAL GOVERNMENT PROJECTS AND SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT. • Prohibits the State, even during a period of severe fiscal hardship, from delaying the distribution of tax revenues for transportation, redevelopment, or local government projects and services. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: Due to restrictions on state authority over fuel and property taxes, the state would have to take alternative actions—probably in the range of $1 billion to several billion dollars annually. This would result in both: • Reductions in …

Voter Information Guide For 2010, General Election

Propositions

No abstract provided.

Changes Legislative Vote Requirement To Pass Budget And Budget-Related Legislation From Two-Thirds To A Simple Majority. Retains Two-Thirds Vote Requirement For Taxes

Propositions

CHANGES LEGISLATIVE VOTE REQUIREMENT TO PASS BUDGET AND BUDGET-RELATED LEGISLATION FROM TWO-THIRDS TO A SIMPLE MAJORITY. RETAINS TWO-THIRDS VOTE REQUIREMENT FOR TAXES. INITIATIVE CONSTITUTIONAL AMENDMENT. • Changes the legislative vote requirement necessary to pass the state budget and spending bills related to the budget from two-thirds to a simple majority. • Provides that if the Legislature fails to pass a budget bill by June 15, all members of the Legislature will permanently forfeit any reimbursement for salary and expenses for every day until the day the Legislature passes a budget bill. Summary of Legislative Analyst’s Estimate of Net State and …

Legalizes Marijuana Under California But Not Federal Law

Propositions

LEGALIZES MARIJUANA UNDER CALIFORNIA BUT NOT FEDERAL LAW. PERMITS LOCAL GOVERNMENTS TO REGULATE AND TAX COMMERCIAL PRODUCTION, DISTRIBUTION, AND SALE OF MARIJUANA. INITIATIVE STATUTE. Allows people 21 years old or older to possess, cultivate, or transport marijuana for personal use. Permits local governments to regulate and tax commercial production, distribution, and sale of marijuana to people 21 years old or older. Prohibits people from possessing marijuana on school grounds, using in public, or smoking it while minors are present. Maintains prohibitions against driving while impaired. • Limits employers’ ability to address marijuana use to situations where job performance is actually …

Requires That Certain State And Local Fees Be Approved By Two-Thirds Vote. Fees Include Those That Address Adverse Impacts On Society Or The Environment Caused By The Fee-Payer’S Business

Propositions

REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDS VOTE. FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENT CAUSED BY THE FEE-PAYER’S BUSINESS. INITIATIVE CONSTITUTIONAL AMENDMENT. • Requires that certain state fees be approved by two-thirds vote of Legislature and certain local fees be approved by two-thirds of voters. • Increases legislative vote requirement to two-thirds for certain tax measures, including those that do not result in a net increase in revenue, currently subject to majority vote. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: • Decreased state and …

Repeals Recent Legislation That Would Allow Businesses To Lower Their Tax Liability

Propositions

REPEALS RECENT LEGISLATION THAT WOULD ALLOW BUSINESSES TO LOWER THEIR TAX LIABILITY. INITIATIVE STATUTE. • Repeals recent legislation that would allow businesses to shift operating losses to prior tax years and that would extend the period permitted to shift operating losses to future tax years. • Repeals recent legislation that would allow corporations to share tax credits with affiliated corporations. • Repeals recent legislation that would allow multistate businesses to use a sales-based income calculation, rather than a combination property-, payroll-, and sales-based income calculation. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: • Increased …

Judicial Protection For Beaches And Parks: The Public Trust Doctrine Above The High Water Mark, Mackenzie S. Keith

UC Law Environmental Journal

No abstract provided.

Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp

UC Law SF Communications and Entertainment Journal

Romantic relationships among co-workers: should employers have the right to suppress such activity? Employers often view the widespread practice of dating among co-workers as highly problematic. In light of increased sexual harassment suits, many employers attempt to limit or eliminate intimate relationships among employees through the institution of "no-fraternization" policies. The strictest of these policies allow for legal termination of employees that violate the policy's terms, and can include total prohibition of intimate relationships among co-workers. Employees argue that such bans, which also affect employees' off-duty intimate association, should be held unconstitutionally invasive of employees' privacy rights or invalid on …

Defining The Problem, Hadar Aviram

UC Law Journal of Race and Economic Justice

No abstract provided.