Digital Commons Network^™

Eighth Place, Erin Gordon, Blair Schlecter

David E. Snodgrass Moot Court Competition

No abstract provided.

Seventh Place, Staci Homrig, Lee Mackay

David E. Snodgrass Moot Court Competition

No abstract provided.

Ninth Place, Daniel Erlikhman, Eric Han

David E. Snodgrass Moot Court Competition

No abstract provided.

Fifth Place, Demian I. Oksenendler, Kevin A. Voth

David E. Snodgrass Moot Court Competition

No abstract provided.

Second Place, Kimberly Owens, Leah Scholer

David E. Snodgrass Moot Court Competition

No abstract provided.

First Place, James C. Magid, Emily. S. Levin

David E. Snodgrass Moot Court Competition

No abstract provided.

Third Place, Elizabeth Ames, Jack Chen

David E. Snodgrass Moot Court Competition

No abstract provided.

Death Through Administrative Indifference: The Prison Litigation Reform Act Allows Women To Die In California's Substandard Prison Health Care System, Amy Pétre Hill

UC Law SF Journal on Gender and Justice

California's prison system, the nation's largest, developed a health care policy that is deliberately indifferent to the medical needs of women while still spending significantly more per prisoner for health care than other large states. However, the Prison Litigation Reform Act of 1996 interacts with California's prison administrative law to prevent women inmates from seeking emergency injunctive relief from the federal courts. Legal and legislative tools can be used at the federal and state level for short- and long-term reform of the California Department of Correction's health care system to stop the needless deaths of California's female inmates. Ultimately, courts …

Homeowner's Real Property Tax Exemption And Renter's Tax Credit. Initiative Constitutional Amendment And Statute.

Initiatives

HOMEOWNER'S REAL PROPERTY TAX EXEMPTION AND RENTER'S TAX CREDIT. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Beginning January 2005, increases homeowner's real property tax exemption from $7,000 to $32,000 of the full value of the homeowner's residence. Beginning January 2005, provides $250 "supplemental renter's tax credit" for married couples, heads of households, surviving spouses; and $125 for all other qualified renters. Provides for annual adjustments to homeowner's exemption based on increases to state Consumer Price Index; and comparable increase in renter's tax credit if homeowner's exemption is increased. Authorizes Legislature to enact additional increases to homeowner's exemption and renter's credit. Summary of …

Hastings Community (Spring 2002), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Local Funds And Revenues For Local Government Services. Initiative Constitutional Amendment.

Initiatives

LOCAL FUNDS AND REVENUES FOR LOCAL GOVERNMENT SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT. Specifies funds and revenues available to cities, counties and special districts for health, safety and other services. Excludes redevelopment agencies, school or community college districts. Establishes base amount; provides annual adjustments based on cost of living and population. Prohibits Legislature and state agencies from reducing base amount of specified local governments and special districts funds and revenues available for appropriation for public health, safety or other services. Requires local governments to establish and implement financial accountability processes. Summary of estimate by Legislative Analyst and Director of Finance of fiscal …

Local Public Health And Safety Financing. Local Funds And Revenues. Initiative Constitutional Amendment.

Initiatives

LOCAL PUBLIC HEALTH AND SAFETY FINANCING. LOCAL FUNDS AND REVENUES. INITIATIVE CONSTITUTIONAL AMENDMENT. Provides for determination of base amount of funds and revenues available to cities, counties and special districts for appropriation for public health and safety services. Excludes redevelopment agencies, school or community college districts. Provides annual adjustment to base amount based on cost of living and population. Requires each local government to file annual report of base amount with State Controller. Prohibits Legislature and state agencies from reducing base amount of local funds and revenues available for local public health and safety services. Requires public financial accountability processes. …

Local Funds And Revenues. Initiative Constitutional Amendment.

Initiatives

LOCAL FUNDS AND REVENUES. INITIATIVE CONSTITUTIONAL AMENDMENT. Specifies local funds and revenues available to cities, counties and special districts for health, safety and other services. Excludes redevelopment agencies, school or community college districts. Establishes base amount; provides annual adjustment based on cost of living and population. Prohibits Legislature and state agencies from reducing specified local funds and revenues available to local government for appropriation for public health, safety or other services. Permits Legislature to suspend prohibition through urgency legislation for one year in ten year period and, with voter approval, for additional two consecutive years. Requires public financial accountability process. …

Local Government Services. Available Local Funds And Revenues. Initiative Constitutional Amendment.

Initiatives

LOCAL GOVERNMENT SERVICES. AVAILABLE LOCAL FUNDS AND REVENUES. INITIATIVE CONSTITUTIONAL AMENDMENT. Specifies local funds and revenues available to cities, counties and special districts for health, safety and other services. Excludes redevelopment agencies, school or community college districts. Establishes base amount; provides annual adjustment based on cost of living and population. Prohibits Legislature and state agency actions that reduce base amount of specified local funds and revenues available to local government for appropriation for public health, safety or other services. Permits Legislature to suspend prohibition through urgency legislation for two years in a ten year period. Requires public financial accountability process. …

Tax Restructuring. Definition Of Tax. Initiative Constitutional Amendment And Statute.

Initiatives

TAX RESTRUCTURING. DEFINITION OF TAX. INITIATIVE CONSTITUTIONAL AMENDMENT AND ST A TVTE. Provides constitutional definition of "tax" to include any compulsory monetary charge for governmental purposes. Replaces California's sales tax with value added sales tax. Exempts food, beverage, hygiene products, internet sales, and storage or use of personal property from taxation. Requires taxes on fuel to be charged according to value; limits uses of fuel tax proceeds. Provides that if fuel is taxed or a value added sales tax is imposed, those taxes are in lieu of utilities taxes and vehicle license fees. Modifies penalties for delinquent taxes and creates …

Correctional Education Program. Initiative Statute.

Initiatives

CORRECTIONAL EDUCATION PROGRAM. INITIATIVE STATUTE. Creates Correctional Education Board to oversee the education program for state prison inmates. Requires program to provide opportunities for educational and vocational training to inmates with a reasonable expectation of release, and provide inmates to be released with courses on life management and social adaptation skills. Requires Board to appoint Superintendent of Correctional Education to: ensure that program meets minimum performance standards; develop procedure to evaluate the program's effectiveness; and develop 5-year plan for a unified correctional school system. Requires Board to submit report to Legislature with recommendations for further restructuring of the program. Summary …

Water Quality, Supply And Safe Drinking Water Projects. Coastal Wetlands Purchase And Protection. Bonds. Initiative Statute.

Propositions

Water Quality, Supply and Safe Drinking Water Projects. Coastal Wetlands Purchase and Protection. Bonds. Initiative Statute. •Authorizes $3,440,000,000 general obligation bonds to fund a variety of water projects, including: • Specified CALFED Bay-Delta Program projects including urban and agricultural water use efficiency projects; •Grants and loans to reduce Colorado River water use; • Purchasing, protecting and restoring coastal wetlands near urban areas; •Competitive grants for water management and quality improvement projects; •Development of river parkways; • Improved security for state, local and regional water systems; •Grants for desalination and drinking water disinfection. •Appropriates money from state General Fund to pay …

Transportation Congestion Improvement Act. Allocation Of Existing Motor Vehicle Fuel Sales And Use Tax Revenues For Transportation Purposes Only.

Propositions

Transportation Congestion Improvement Act. Allocation of Existing Motor Vehicle Fuel Sales and Use Tax Revenues for Transportation Purposes Only. Legislative Constitutional Amendment. • Requires, effective 7/1/03, existing revenues from state sales and use taxes on sale of motor vehicle fuel be used for transportation purposes as provided by law until 6/30/08. • Requires, effective 7/1/08, existing revenues resulting from state sales and use taxes on sale of motor vehicle fuel be used for public transportation; city and county street and road repairs and improvements; and state highway improvements. • Requires two-thirds vote of the Legislature to suspend or modify percentage …

The California Clean Water, Clean Air, Safe Neighborhood Parks, And Coastal Protection Act Of 2002.

Propositions

The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. • This act provides for a bond issue of two billion six hundred million dollars ($2,600,000,000) to provide funds to: protect rivers, lakes, and streams to improve water quality and ensure clean drinking water; protect beaches and coastal areas threatened by pollution; improve air quality; preserve open space and farmland threatened by unplanned development; protect wildlife habitat; restore historical and cultural resources; repair and improve safety of state and neighborhood parks. • Subject to annual independent audit. • Appropriates money from state General Fund to …

Voting Modernization Bond Act Of 2002. (Shelley- Hertzberg Act.)

Propositions

Voting Modernization Bond Act of 2002. (Shelley-Hertzberg Act). • This act is to ensure that every person’s vote is accurately counted. • Authorizes the issuance of state bonds allowing counties to purchase modern voting equipment and replace outdated punch card (chad) systems. • Provides for bonds in the amount of two hundred million dollars ($200,000,000). • Appropriates money from the state General Fund to pay off bonds. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: • State costs of about $255 million over ten years to pay off both the principal ($200 million) and interest …

Voter Information Guide For 2002, Primary

Propositions

No abstract provided.

Transportation. Distribution Of Existing Motor Vehicle Sales And Use Tax.

Propositions

Transportation. Distribution of Existing Motor Vehicle Sales and Use Tax. Initiative Statute. •Creates “Traffic Congestion Relief and Safe School Bus Trust Fund.” • Redistributes portion of existing state revenues from motor vehicle sales/leases from General Fund to Trust Fund for transportation, environmental, and safety programs. •Allocates portion of these funds for: school bus safety; clean air programs; highway improvements; mass transit improvements including bus purchase, commuter and light rail expansion. • Provides funds for environmental enhancement programs and traffic mitigation programs. •Allocates money to 45 specific projects. For remainder of Trust Fund, specifies distribution percentages, restricts fund uses, requires accountability …

Voter Information Guide For 2002, General Election

Propositions

No abstract provided.

Before And After School Programs. State Grants. Initiative Statute.

Propositions

Before and After School Programs. State Grants. Initiative Statute. • Increases state grant funds available for before/after school programs, providing tutoring, homework assistance, and educational enrichment. •Makes every public elementary, middle/junior high school, including charter schools, eligible for after school grants ranging from $50,000-$75,000. Maintains local funding match requirement. • Provides priority for additional funding to schools with predominantly low-income students. • Requires that, beginning 2004-05, new funding for before/after school programs not be taken from education funding, guaranteed under Proposition 98. Gives priority to schools already receiving grants and requires increasing expenditures only if state revenues grow. Summary of …

Identifying Terrorists: Privacy Rights In The United States And The United Kingdom, Joyce W. Luk

UC Law SF International Law Review

While the privacy concerns raised by technological advances are widely recognized, recent terrorist attacks and developments in surveillance and information technologies have led to a convergence of technologies that present new challenges to the right to privacy.

This Note gives a general background on video surveillance and facial recognition software and discusses the technology behind, and uses of, closed circuit television in the United States and elsewhere. The Note also explores the meaning of privacy, privacy rights, and their applicability to facial recognition technology, video surveillance, and other emerging surveillance technologies in the United States. It discusses privacy rights and …

Smart Growth: A Review Of Programs State By State, Ed Bolen, Kara Brown, David Kiernan, Kate Konschnik

UC Law Environmental Journal

No abstract provided.

Long On Substance, Short On Process: An Appeal For Process Long Overdue In Eyewitness Lineup Procedures, Michael R. Headley

UC Law Journal

Eyewitness identifications play an important role in the criminal justice system. However, the procedures surrounding these identifications are fraught with potential for error, and the Supreme Court has recognized the "vagaries of eyewitness identification." Over the past thirty years, researchers have established a considerable body of evidence demonstrating that simultaneous lineup procedures result in greater error than sequential lineups. Nevertheless, most law enforcement agencies persist in utilizing the simultaneous lineup procedure. This Note argues that the Due Process Clause mandates the implementation of sequential lineups on the basis of both a moral and an historical reading of the phrase "due …

Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson

Faculty Scholarship

No abstract provided.

Satellite Tracking And The Right To Privacy, Aaron Renenger

UC Law Journal

The proliferation of location services brought on by technology like the Global Positioning System promises to bring new convenience to our lives. But this new technology also brings with it an all-toofamiliar problem-how to ensure personal privacy. Some consumer advocates have referred to the technology as "digital dog tags" and warned that location information will be sold to third parties such as aggressive advertisers or employers. This Note concludes that the torts that currently protect privacy offer very little protection to consumers whose location information is misused by third parties. Further, recent legislation passed to protect the privacy of consumer …

Transportation. Allocation Of Passenger Vehicle Sales And Use Taxes. Initiative Statute.

Initiatives

TRANSPORTATION.ALLOCATION OF PASSENGER VEHICLE SALES AND USE TAXES. INITIATIVE STATUTE. Creates the Traffic Congestion Relief and Safe School Bus Trust Fund. Reallocates certain state revenue from new passenger vehicle sales from General Fund to Trust Fund for transportation, environmental, and safety programs. Allocates portion of these funds for: school bus safety and clean air programs; highway expansion; mass transit improvements including bus purchase, commuter and light rail expansion. Provides funds for environmental enhancement programs and traffic mitigation programs. Allocates money to 45 specific projects. For remainder of Trust Fund, specifies distribution percentages, restricts fund uses, and requires accountability mechanisms. Summary …