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Criminal Justice System. Victims' Rights. Constitutional Amendment And Statute.

Initiatives

Requires notification to victims and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole. Establishes victim safety as primary consideration in determining bail. Requires victims have safe access to courthouses. Provides more assistance collecting restitution. Prohibits release of defendants on their own recognizance for specified crimes, including serious or violent felonies. Authorizes courts of appeal to adjudicate death penalty appeals. Creates Department of Parole to handle all parole hearings. Requires prosecutors receive certain benefits and be paid salaries comparable to similar public attorneys. Summary of estimate by Legislative Analyst and Director of Finance of …

Criminal Justice System. Victims' Rights. Constitutional Amendment And Statute.

Initiatives

Requires notification to victims and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole. Establishes victim safety as primary consideration in determining bail. Requires victims have safe access to courthouses. Provides more assistance collecting restitution. Prohibits release of defendants on their own recognizance for specified crimes, including serious or violent felonies. Authorizes courts of appeal to adjudicate death penalty appeals. Creates Department of Parole to handle all parole hearings. Requires prosecutors receive certain benefits and be paid salaries comparable to similar public attorneys. Summary of estimate by Legislative Analyst and Director of Finance of …

Criminal Justice System. Victims' Rights. Constitutional Amendment And Statute.

Initiatives

Requires notification to victims and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole. Establishes victim safety as primary consideration in determining bail. Requires victims have safe access to courthouses. Provides more assistance collecting restitution. Prohibits release of defendants on their own recognizance for specified crimes, including serious or violent felonies. Authorizes courts of appeal to adjudicate death penalty appeals. Creates Department of Parole to handle all parole hearings. Requires prosecutors receive certain benefits and be paid salaries comparable to similar public attorneys. Summary of estimate by Legislative Analyst and Director of Finance of …

Nonviolent Offenders. Sentencing, Parole And Rehabilitation.

Initiatives

Requires State to expand and increase funding and oversight for individualized treatment and rehabilitation programs for nonviolent drug offenders and parolees. Reduces criminal consequences of nonviolent drug offenses by mandating three-tiered probation with treatment and by providing for case dismissal and/or sealing of records after probation. Limits court’s authority to incarcerate offenders who violate probation or parole. Shortens parole for most drug offenses, including sales, and for nonviolent property crimes. Creates numerous divisions, boards, commissions, and reporting requirements regarding drug treatment and rehabilitation. Changes certain marijuana misdemeanors to infractions. Summary of estimate by Legislative Analyst and Director of Finance of …

Criminal Penalties And Laws. State Spending. Statute.

Initiatives

Requires significant new state spending on various programs to combat crime and gangs, and to operate prison and parole systems. Substantially increases penalties for several crimes, including violating gang injunctions, using or possessing to sell methamphetamine, or carrying loaded or concealed firearms by certain felons. Eliminates bail for illegal immigrants charged with violent or gang-related felonies, and changes evidence rules to allow use of certain hearsay statements as evidence when witnesses are unavailable. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net state costs likely to exceed a half billion …

Methods Of International Human Rights Adjudication: Towards A More Structured Decision-Making Process For The European Court Of Human Rights, Stefan Sottiaux, Gerhard Van Der Schyff

UC Law SF International Law Review

An international tribunal such as the European Court of Human Rights is often lauded for its protection of human rights. Yet, there is room for improvement. The Court's adjudication style would benefit from more structured balancing of competing interests. Not only would greater structure serve to enhance the Court's efficiency and promote legal certainty, but it would also help to clarify the Court's subsidiary role in relation to national authorities when it comes to the protection of human rights. In bringing more structure to the Court's decision-making process, inspiration can be drawn from the debate regarding the balancing/categorization continuum to …

Broadcast Profanity And The Right To Be Let Alone: Can The Fcc Regulate Non-Indecent Fleeting Expletives Under A Privacy Model, Edward L. Carter, R. Trevor Hall, James C. Phillips

UC Law SF Communications and Entertainment Journal

This manuscript examines the issue of broadcast profanity regulation in light of the Supreme Court's March 2008 decision to grant certiorari in an appeal from the U.S. Court of Appeals for the Second Circuit. The Second Circuit in 2007 held that the FCC was arbitrary and capricious in its decision to begin prohibiting single profanities, or fleeting expletives, on broadcast television. However, the common law of nuisance and the law of privacy may provide justification for the FCC to regulate broadcast profanity under 18 U.S.C. § 1464. Although some argue that regulating broadcast profanity would induce a chilling effect on …

Proposition 98 Eminent Domain. Limits On Government Authority.

Propositions

EMINENT DOMAIN. LIMITS ON GOVERNMENT AUTHORITY. INITIATIVE CONSTITUTIONAL AMENDMENT. Bars state and local governments from taking or damaging private property for private uses. Prohibits rent control and similar measures. Prohibits deference to government in takings cases. Defines “just compensation.” Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated. Summary of Legislative Analyst’s Estimate of Net …

Has Georgia Gone Too Far - Or Will Sex Offenders Have To, Jacqueline Canlas-Laflam

UC Law Constitutional Quarterly

There are few criminals in our society that receive more contempt and deserve less sympathy than sex offenders. In the last ten years, twenty-seven states have passed residency restrictions, limiting where a sex offender may live within the state. In some situations, the statutes have effectively banished sex offenders from parts of these states. The United States Supreme Court has yet to review any of these residency restriction statutes. In order to maintain the integrity of our legal system and because state legislatures may not represent the interests of sex offenders fairly, it is imperative to consider the constitutionality of …

Just Don't Say You Heard It From Me: Bridging The Davis V. Washington Divide Of Indistinguishable Primary-Purpose Statements, Thomas M. Forsyth Iii

UC Law Constitutional Quarterly

In Davis v. Washington, the Supreme Court sought to clarify its Crawford v. Washington holding, which restored the Constitution's Confrontation Clause to its original procedural function-to test the reliability of testimonial witness statements "in the crucible of cross-examination." Under Davis, the testimonial/non-testimonial categorization of witness hearsay statements is based on the primary purpose for which those statements were made to law enforcement agents. Despite the Court's two-pronged standard, Davis left a gaping hole between the extreme ends of the testimonial/nontestimonial spectrum where witness statements have a mixed or dual purpose and the primary purpose is indiscernible.

This note proposes that …

Suspension For Beginners: Ex Parte Bollman And The Unconstitutionality Of The 1996 Antiterrorism And Effective Death Penalty Act, Dan Poulson

UC Law Constitutional Quarterly

The 1996 Anti-Terrorism and Effective Death Penalty Act dramatically revised the manner in which federal courts exercise jurisdiction in habeas corpus petitions. Under 28 U.S.C. 2254(d)(1), federal courts cannot grant habeas relief to state prisoners with regard to any claim that has been adjudicated on the merits by a state court unless the adjudication "resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States."

Various critics have assailed this language as an unconstitutional limitation on the decision-making powers of federal courts. In …

Is There A Constitutional Right To Fish In A Marine Protected Area? An Analysis Of The California Constitution's Right To Fish Provision And Its Impact On The State's Power To Create Marine Reserves And Other Types Of Marine Protected Areas (Mpas), Doug Obegi

UC Law Environmental Journal

No abstract provided.

California Water Management: Subject To Change, John T. Andrew, Jessica Roberts Pearson, John K. Woodling

UC Law Environmental Journal

No abstract provided.

Proposition 92. Community Colleges. Funding. Governance. Fees.

Propositions

COMMUNITY COLLEGES. FUNDING. GOVERNANCE. FEES. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Establishes in state constitution a system of independent public community college districts and Board of Governors. Generally, requires minimum levels of state funding for school districts and community college districts to be calculated separately, using different criteria and separately appropriated. Allocates 10.46 percent of current Proposition 98 school funding maintenance factor to community colleges. Sets community college fees at $15/unit per semester; limits future fee increases. Provides formula for allocation by Legislature to community college districts that would not otherwise receive general fund revenues through community college apportionment. SUMMARY OF …

Referendum On Amendment To Indian Gaming Compact

Propositions

REFERENDUM ON AMENDMENT TO INDIAN GAMING COMPACT. A “Yes” vote approves and a “No” vote rejects, a law that: Ratifies amendment to existing gaming compact between state and Sycuan Band of the Kumeyaay Nation; amendment would permit tribe to operate 3,000 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Specifies where revenue paid by tribe pursuant to amendment deposited; amendment requires tribe to make $20,000,000 annual payment and pay percentage of revenue generated from the additional slot machines to the state. …

Voter Information Guide For 2008, Primary

Propositions

No abstract provided.

Nonviolent Drug Offenses. Sentencing, Parole And Rehabilitation.

Propositions

NONVIOLENT DRUG OFFENSES. SENTENCING, PAROLE AND REHABILITATION. INITIATIVE STATUTE. Allocates $460,000,000 annually to improve and expand treatment programs for persons convicted of drug and other offenses. Limits court authority to incarcerate offenders who commit certain drug crimes, break drug treatment rules or violate parole. Substantially shortens parole for certain drug offenses; increases parole for serious and violent felonies. Divides Department of Corrections and Rehabilitation authority between two Secretaries, one with six year fixed term and one serving at pleasure of Governor. Provides five year fixed terms for deputy secretaries. Creates 19 member board to direct parole and rehabilitation policy. Summary …

Referendum On Amendment To Indian Gaming Compact.

Propositions

REFERENDUM ON AMENDMENT TO INDIAN GAMING COMPACT. A “Yes” vote approves and a “No” vote rejects, a law that: Ratifies amendment to existing gaming compact between the state and Pechanga Band of Luiseño Mission Indians; amendment would permit tribe to operate 5,500 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Revenue paid by tribe to be deposited into General Fund; tribe would make $42,500,000 annual payment and pay percentage of revenue generated from the additional slot machines to the state. SUMMARY …

Proposition 93 Limits On Legislators' Terms In Office.

Propositions

LIMITS ON LEGISLATORS’ TERMS IN OFFICE. INITIATIVE CONSTITUTIONAL AMENDMENT. Reduces the total amount of time a person may serve in the state legislature from 14 years to 12 years. Allows a person to serve a total of 12 years either in the Assembly, the Senate, or a combination of both. Provides a transition period to allow current members to serve a total of 12 consecutive years in the house in which they are currently serving, regardless of any prior service in another house. SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE OF NET STATE AND LOCAL GOVERNMENT FISCAL IMPACT: This measure would have …

Voter Information Guide For 2008, Primary

Propositions

No abstract provided.

Voter Information Guide For 2008, Primary

Propositions

No abstract provided.

Proposition 10 Alternative Fuel Vehicles And Renewable Energy. Bonds.

Propositions

ALTERNATIVE FUEL VEHICLES AND RENEWABLE ENERGY. BONDS. INITIATIVE STATUTE. Provides $3.425 billion to help consumers and others purchase certain high fuel economy or alternative fuel vehicles, including natural gas vehicles, and to fund research into alternative fuel technology. Provides $1.25 billion for research, development and production of renewable energy technology, primarily solar energy with additional funding for other forms of renewable energy; incentives for purchasing solar and renewable energy technology. Provides grants to cities for renewable energy projects and to colleges for training in renewable and energy efficiency technologies. Total funding provided is $5 billion from general obligation bonds. Summary …

Voter Information Guide For 2008, General Election

Propositions

No abstract provided.

Referendum On Amendment To Indian Gaming Compact.

Propositions

REFERENDUM ON AMENDMENT TO INDIAN GAMING COMPACT. A “Yes” Vote approves and a “No” Vote rejects, a law that: Ratifies amendment to existing gaming compact between the state and Morongo Band of Mission Indians; amendment would permit tribe to operate 5,500 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Revenue paid by tribe to be deposited into General Fund; amendment requires tribe to make $36,700,000 annual payment and pay percentage of revenue generated from additional slot machines to the state. SUMMARY …

Referendum On Amendment To Indian Gaming Compact.

Propositions

REFERENDUM ON AMENDMENT TO INDIAN GAMING COMPACT. A “Yes” vote approves, and a “No” vote rejects, a law that: Ratifies amendment to existing gaming compact between the state and Agua Caliente Band of Cahuilla Indians; amendment would permit tribe to operate 3,000 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Revenue paid by tribe to be deposited in General Fund; tribe would make $23,400,000 annual payment and pay percentage of revenue generated from the additional slot machines to the state. SUMMARY …

Proposition 7 Renewable Energy Generation.

Propositions

RENEWABLE ENERGY GENERATION. INITIATIVE STATUTE. Requires utilities, including government-owned utilities, to generate 20% of their power from renewable energy by 2010, a standard currently applicable only to private electrical corporations. Raises requirement for utilities to 40% by 2020 and 50% by 2025. Imposes penalties, subject to waiver, for noncompliance. Transfers some jurisdiction of regulatory matters from Public Utilities Commission to Energy Commission. Fast-tracks approval for new renewable energy plants. Requires utilities to sign longer contracts (20 year minimum) to procure renewable energy. Creates account to purchase rights-of-way and facilities for the transmission of renewable energy. Summary of Legislative Analyst’s Estimate …

Proposition 6 Police And Law Enforcement Funding. Criminal Penalties And Laws.

Propositions

POLICE AND LAW ENFORCEMENT FUNDING. CRIMINAL PENALTIES AND LAWS. INITIATIVE STATUTE. Requires minimum of $965,000,000 each year to be allocated from state General Fund for police, sheriffs, district attorneys, adult probation, jails and juvenile probation facilities. Some of this funding will increase in following years according to California Consumer Price Index. Makes approximately 30 revisions to California criminal law, many of which cover gang-related offenses. Revisions create multiple new crimes and additional penalties, some with the potential for new life sentences. Increases penalties for violating a gang-related injunction and for felons carrying guns under certain conditions. Summary of Legislative Analyst’s …

Criminal Justice System. Victims' Rights. Parole.

Propositions

CRIMINAL JUSTICE SYSTEM. VICTIMS’ RIGHTS. PAROLE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Requires notification to victim and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole. Establishes victim safety as consideration in determining bail or release on parole. Increases the number of people permitted to attend and testify on behalf of victims at parole hearings. Reduces the number of parole hearings to which prisoners are entitled. Requires that victims receive written notification of their constitutional rights. Establishes timelines and procedures concerning parole revocation hearings. Summary of Legislative Analyst’s Estimate of Net State and Local Government …

Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview-Hunters Point Community, Clifford Rechtschaffen

UC Law Environmental Journal

No abstract provided.

Three's Company - How American Law Can Recognize A Third Social Parent In Same-Sex Headed Families, Laura Nicole Althouse

UC Law SF Journal on Gender and Justice

In light of recent American and Canadian case law granting legal parenting rights to three parents in same-sex headed families, this Article explores how the Uniform Parentage Act can be modified to accommodate multiple parenthood within this population subset. The author draws from Professor Nancy Dowd's scholarship on unbundling social and economic parenting rights to support social fatherhood. The author also analyzes existing methods by which same-sex couples may obtain parenting rights under American law and recent California precedents applying the Uniform Parentage Act to recognize two legal mothers. The Article proposes that Nancy Dowd's revisions to the Act, coupled …