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Transportation. Annual Allocation Of 1% Of General Fund Revenue. Initiative Statute.

Initiatives

TRANSPORTATION. ANNUAL ALLOCATION OF 1% OF GENERAL FUND REVENUE. INITIATIVE STATUTE. Creates the Traffic Congestion Relief and Safe School Bus Trust Fund. Reallocates 1 % of General Fund revenue to the Trust Fund for transportation, environmental, and safety programs. Allocates portion of funds for: senior and disabled transportation programs; school bus safety; highway expansion; specific freeway interchange improvement; mass transit improvements, including bus purchases and commuter and light rail expansion; land acquisition for environmental purposes. Allocates money to 45 specific projects in one-time grants and ongoing appropriations. For remainder of Trust Fund, specifies distribution percentages, restricts Funds uses, requires accountability …

Transportation. Annual Allocation Of $880 Million Of General Fund Money. Initiative Statute.

Initiatives

TRANSPORTATION. ANNUAL ALLOCATION OF $880 MILLION OF GENERAL FUND MONEY. INITIATIVE STATUTE. Creates the Traffic Congestion Relief and Safe School Bus Trust Fund. Reallocates $880 million annually from the General Fund to the Trust Fund for transportation, environmental, and safety programs. Allocates portion of funds for: school bus safety and clean air programs; highway and mass transit improvements, including bus purchases, commuter and light rail expansion and repair. Allocates funds for land acquisition, wildlife protection, air and water quality improvement. Allocates money to 45 projects. For remainder of Trust Fund, specifies distribution percentages, restricts Funds uses, and requires accountability mechanisms. …

Transportation. Allocation Of Sales And Use Taxes Raised From Sale Or Lease Of Motor Vehicles. Initiative Statute

Initiatives

TRANSPORTATION. ALLOCATION OF SALES AND USE TAXES RAISED FROM SALEOR LEASE OF MOTOR VEHICLES. INITIATIVE STATUTE. Reallocates 30% of certain state revenues collected on motor vehicle sales or leases from the General Fund to the Traffic Congestion Relief and Safe School Bus Trust Fund. Allocates money for transportation programs including: highway expansion, specific freeway interchange improvements, mass transit improvements, purchasing buses, and expanding light and commuter rail. Provides funds for environmental enhancement, transportation impact mitigation programs, and transportation safety programs. Allocates money to 45 specific projects and for remainder specifies distribution percentages, restricts fund uses, and provides accountability measures. Summary …

Tenth Place: John Ashcroft, Et Al. V. Free Speech Coalition, Et Al., Bobby Shukla, Hadara Stanton

David E. Snodgrass Moot Court Competition

No abstract provided.

Finding The Blight That's Right For California Redevelopment Law, George Lefcoe

UC Law Journal

This Article makes the case for liberalizing California's restrictive definition of blight, contending that no concept of blight can capture the salient costs and benefits of redevelopment. Present definitions of blight are failing to protect schools and counties from the fiscal drain resulting from the widespread use of tax increment financing to support redevelopment. Definitions of blight are also tangential to the underlying policy debate over whether local governments should take an active hand in shaping the urban environment by becoming land developers. This Article examines two recent cases striking down redevelopment projects for not meeting California's stringent blight standards …

Enforcement Methods Used In Applying The California Smoke-Free Workplace Act To Bars And Taverns, Damon K. Nagami

UC Law Environmental Journal

No abstract provided.

The Price Of Passion: The Banishment Of English Hooligans From Football Matches In Violation Of Fundamental Freedoms, Geoff Beckham

UC Law SF International Law Review

International football is the world's most popular team sport. As often as the global football community exults in worldwide camaraderie, its image is scarred by the inexplicably violent behavior of its supporters.

This Note examines English efforts to curb hooliganism through recently-enacted legislation. The anti-hooligan laws are analyzed in light of the protections guaranteed in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the U.S. Constitution. This Note concludes that English hooligan laws violate Article 7 of the European Convention and the ex post facto clause of the U.S. Constitution.

The Webcasting Music Revolution Is Ready To Begin, As Soon As We Figure Out The Copyright Law: The Story Of The Music Industry At War With Itself, Kimberly L. Craft

UC Law SF Communications and Entertainment Journal

No one has yet been able to agree on the meaning of the copyright laws related to webcast licensing and fees or how to define and treat new technological advances, innovations and uses. This article provides background into the history of the copyright law as it relates to music webcasting, including the Digital Performance Right in Sound Recordings Act of 1995 ("DPRA") and the DMCA, explains the various forms of copyright protection held in recorded sound performances and its relation to online transmissions, discusses the history of the complex, legal situation which has resulted, new developments surrounding the proposed Music …

Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner

UC Law SF Journal on Gender and Justice

The Supreme Court, in Davis v. Monroe County Board of Education, correctly held school districts liable under Title IX for deliberate indifference to known instances of student-on-student sexual harassment that is so severe, pervasive and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit. Professor Schaffner argues, however, that the majority failed to adequately address three concerns raised by the Davis dissent, that: (1) as a matter of federalism, this issue should be left to the states; (2) student peer sexual harassment does not constitute sex discrimination and (3) holding schools liable for student …

Hastings Law News 2000 Vol.2 Iss.4, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.

Shall The Sins Of The Son Be Visited Upon The Father--Video Game Manufacturer Liability For Violent Video Games, David C. Kiernan

UC Law Journal

In the wake of the perverse pattern of horrifying schoolyard shootings in Littleton, Colorado, and in Paducah, Kentucky, the video game industry has increasingly come under fire for its excessively violent video games. In particular, the potential for tort liability for video game manufacturers has attracted significant attention. This raises questions of whether the video game manufacturers can be held liable for the deaths or injuries of those students and teachers under traditional tort principles and whether the First Amendment will preclude such an action. This dialogue takes on new urgency following the recently published FTC report Marketing Violent Entertainment …

Funding Private Investigation Of Santa Barbara County Court Case Files Of Insanity Actions.

Initiatives

FUNDING PRIVATE INVESTIGATION OF SANTA BARBARA COUNTY COURT CASE FILES OF INSANITY ACTIONS. INITIATIVE STATUTE. Requires state to fund investigation of court files of insanity actions in Santa Barbara County. Funds to be available to voter approved investigator. Investigator is provided a superior court judge and courtroom equipped with video and sound recording equipment to take testimony on early court case files of insanity actions. Requires state to broadcast, on county government television, video documentation of investigation at minimum once each week for six months and, thereafter, once each month for ten years. Summary of estimate by Legislative Analyst and …

Nba V. Motorola: A Legislative Proposal Favoring The Nature Of Property, The Survival Of Sports Leagues, And The Public Interest, Neal H. Kaplan

UC Law SF Communications and Entertainment Journal

In National Basketball Association v. Motorola, Inc., the Second Circuit found that the results of a professional sporting event may be appropriated by a commercial pager company and a commercial online service without infringing upon any right of the leagues or the teams. Additionally, the court said that a state could not legislate to protect facts, which remain exempt from federal copyright protection, unless those facts can be considered to be "hot news." This paper suggests that the Second Circuit's holding in Motorola is out of sync with the economic world within which the sports industry operates and that it …

Title Insurance Claims Practices.

Propositions

INSURANCE CLAIMS PRACTICES. CIVIL REMEDIES. REFERENDUM. A ‘‘Yes’’ vote approves, a ‘‘No’’ vote rejects legislation that: • restores right to sue another person’s insurer for insurer’s unfair claims settlement practices; • allows such lawsuits only if insurer rejects a settlement demand and injured party obtains a larger judgment or award against insured party; • bars such lawsuits against public entities; workers’ compensation insurers; and professional liability insurers under certain circumstances; or if convicted of driving under the influence; • authorizes requests for consensual binding arbitration of claims under $50,001 against parties covered by insurance. Insurers agreeing to arbitration cannot be …

Juvenile Crime.

Propositions

JUVENILE CRIME. INITIATIVE STATUTE. • Increases punishment for gang-related felonies; death penalty for gang-related murder; indeterminate life sentences for home-invasion robbery, carjacking, witness intimidation and drive-by shootings; and creates crime of recruiting for gang activities; and authorizes wiretapping for gang activities. • Requires adult trial for juveniles 14 or older charged with murder or specified sex offenses. • Eliminates informal probation for juveniles committing felonies. • Requires registration for gang related offenses. • Designates additional crimes as violent and serious felonies, thereby making offenders subject to longer sentences. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal …

Public Works Projects. Use Of Private Contractors For Engineering And Architectural Services.

Propositions

PUBLIC WORKS PROJECTS. USE OF PRIVATE CONTRACTORS FOR ENGINEERING AND ARCHITECTURAL SERVICES. Initiative Constitutional Amendment and Statute. • Amends constitution to provide that in the design, development and construction of public works projects, state government may choose to contract with private entities for engineering and architectural services without regard to certain existing legal restrictions which apply to the procurement of other services. • Specifies that local governments may also choose to contract with private entities for engineering, architectural services. • Imposes competitive selection process, which permits but does not require competitive bidding, in awarding engineering and architectural contracts. Summary of …

School Facilities.

Propositions

SCHOOL FACILITIES. 55% LOCAL VOTE. BONDS, TAXES. ACCOUNTABILITY REQUIREMENTS. Initiative Constitutional Amendment and Statute. • Authorizes bonds for repair, construction or replacement of school facilities, classrooms, if approved by 55% local vote for projects evaluated by schools, community college districts, county education offices for safety, class size, and information technology needs. • Accountability requirements include annual performance and financial audits on use of bond proceeds. • Prohibits use of bond proceeds for salaries or operating expenses. • Requires facilities for public charter schools. • Authorizes property taxes in excess of 1% limit by 55% vote, rather than current two-thirds, as …

1998 Indian Gaming Compacts.

Propositions

1998 INDIAN GAMING COMPACTS. REFERENDUM STATUTE. • A ‘‘Yes’’ vote approves, a ‘‘No’’ vote rejects a law, previously passed by the Legislature and signed by the Governor, that would: • Formally approve 11 tribal-state compacts that were concluded in 1998; • Provide procedures for approving future compacts; • Declare the Governor responsible for negotiation of compacts; and authorize Governor to waive state’s immunity to suit by tribes. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: • If Proposition 1A (on this ballot) is approved, Proposition 29 would have no fiscal impact on state and local …

Drugs. Probation And Treatment.

Propositions

DRUGS. PROBATION AND TREATMENT PROGRAM. Initiative Statute. • Requires probation and drug treatment program, not incarceration, for conviction of possession, use, transportation for personal use or being under influence of controlled substances and similar parole violations, not including sale or manufacture. • Permits additional probation conditions except incarceration. • Authorizes dismissal of charges when treatment completed, but requires disclosure of arrest and conviction to law enforcement and for candidates, peace officers, licensure, lottery contractors, jury service; prohibits using conviction to deny employment, benefits, or license. • Appropriates treatment funds through 2005–2006; prohibits use of these funds to supplant existing programs …

The Hertzberg-Polanco Crime Laboratories Construction Bond Act Of 1999.

Propositions

THE HERTZBERG-POLANCO CRIME LABORATORIES CONSTRUCTION BOND ACT OF 1999. • Provides for a bond issue of two hundred twenty million dollars ($220,000,000) to provide funds for a program for the construction, renovation, and infrastructure costs associated with the construction of new local forensic laboratories and the remodeling of existing local forensic laboratories. • Creates Forensic Laboratories Authority to consider and approve applications for construction and renovation of forensic laboratories. • Appropriates money from General Fund to pay off bonds. Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact: • State costs of about $377 million over …

Murder: Special Circumstances.

Propositions

MURDER: SPECIAL CIRCUMSTANCES. LEGISLATIVE INITIATIVE AMENDMENT. • Amends provisions of Penal Code section 190 defining the special circumstances where first degree murder is punishable by either death or life imprisonment without the possibility of parole. Provides that a special circumstance exists for killings committed ‘‘by means of lying in wait’’ rather than ‘‘while lying in wait.’’ Provides that a special circumstance exists where murder is committed while the defendant was involved in acts of kidnapping or arson, even if it is proved that the defendant had a specific intent to kill, and the kidnapping or arson was committed to facilitate …

Insurance Claims Practices. Civil Remedy Amendments.

Propositions

INSURANCE CLAIMS PRACTICES. CIVIL REMEDY AMENDMENTS. REFERENDUM. A ‘‘Yes’’ vote approves, a ‘‘No’’ vote rejects statutory provisions that: • limit conditions under which injured party may sue another person’s insurer for damages resulting from insurer’s unfair claims settlement practices; • limit emotional distress claims; • limit property damage claims to those caused by motor vehicle incident; • exempt professional liability insurers from unfair claims settlement practices suit if professional’s consent is required for settlement and professional withholds consent; • provide that an insurer requesting arbitration is presumed to act in good faith; • add requirement that state auditor report on …

Fees. Vote Requirements. Taxes.

Propositions

FEES. VOTE REQUIREMENTS. TAXES. Initiative Constitutional Amendment. • Requires two-thirds vote of State Legislature, or either majority or two-thirds of local electorate, to impose on any activity fees used to pay for monitoring, studying, or mitigating the environmental, societal or economic effects of that activity when the fees impose no regulatory obligation upon the payor. • Redefines such fees as taxes. • Excludes certain real property related fees, assessments and development fees. • Excludes damages, penalties, or expenses recoverable from a specific event. • Does not apply to fees enacted before July 1, 1999, or increased fees due to inflation …

Campaign Contributions And Spending. Limits. Disclosure.

Propositions

CAMPAIGN CONTRIBUTIONS AND SPENDING. LIMITS. DISCLOSURE. Legislative Initiative Amendment. • Limits individual campaign contributions per election: state legislature, $3,000; statewide elective office, $5,000 (small contributor committees may double these limits); governor, $20,000. Limits contributions to political parties/political committees for purpose of making contributions for support or defeat of candidates. • Establishes voluntary spending limits, requires ballot pamphlet to list candidates who agree to limit campaign spending. • Expands public disclosure requirements, increases penalties for violations. • Prohibits lobbyists’ contributions to officials they lobby. • Limits campaign fund transfers between candidates, regulates use of surplus campaign funds. • Effective 1/1/01, except …

Voter Information Guide For 2000, General Election

Propositions

No abstract provided.

Voter Information Guide For 2000, Primary

Propositions

No abstract provided.

"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd

UC Law SF International Law Review

On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.

This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.

Not In My Womb: Compelled Prenatal Genetic Testing, Wendy E. Roop

UC Law Constitutional Quarterly

Rapid advances in genetic technology in recent years have profoundly affected prenatal care. What once seemed like science fiction is today a reality. Currently, physicians routinely offer prenatal testing for genetically linked diseases. In utero fetal surgery and genetic treatment is fast becoming widely available. This evolution in prenatal care has quickly outpaced corresponding legal developments, and raised difficult questions as to when prenatal genetic testing is appropriate and to what extend the state should be involved. Statutorily mandated neonatal screening and court ordered caesareans suggest a precedent upon which a woman might be compelled to undergo prenatal genetic testing. …

Toward The Restorative Constitution: A Restorative Justice Critique Of Anti-Gang Public Nuisance Injunctions, Joan W. Howarth

UC Law Constitutional Quarterly

The use of public nuisance injunctions against gangs and suspected gang members is an aggressive prosecutorial strategy upheld and even endorsed by a majority of the California Supreme Court in 1997 in People ex rel. Gallo v. Acuna. This Article critiques these injunctions through the lens of restorative justice principles. Restorative justice rests on the tenet that any crime is injurious, and that the best response is one that heals injuries caused to the victim, the community, and the offender. The Article argues that although anti-gang public nuisance injunctions share significant similarities with some restorative justice programs, the injunctions undermine …

Nostalgic Federalism, Judith Olans Brown, Peter D. Enrich

UC Law Constitutional Quarterly

Among the most significant decisions of the Supreme Court over the past decade have been those limiting the scope of congressional authority to act in ways that infringe on the responsibilities and prerogatives of the states. In this article, we review four clusters of such cases - those constraining Congress' powers under the Commerce Clause, those refraining the parameters of section five of the Fourteenth Amendment, cases clarifying the limits on federal authority implicit in the Tenth Amendment, and those expanding the reach of state sovereign immunity. Despite the doctrinal diversity among these cases, the Authors argue that they all …