Digital Commons Network^™

The Evolving Police Power: Some Observations For A New Century, Glenn H. Reynolds, David B. Kopel

UC Law Constitutional Quarterly

The conventional wisdom about the scope of state police powers goes like this: in the early days of the Republic, legitimate regulation existed only to prevent concrete harm to specified interests. Sometime around the previous turn of the century, the scope of state police powers expanded; states could regulate as they chose so long as they claimed to be working to promote the public safety, welfare, or morality. This article examines a number of recent state constitutional decisions having to do with sodomy, parenting, marriage, and procreation and argues that in deciding these cases the courts are returning to the …

Law And The Biology Of Rape: Reflections On Transitions, Owen D. Jones

UC Law SF Journal on Gender and Justice

The effectiveness of the legal system in preventing rape depends, in part, on the accuracy of the model of rape behavior on which it relies. To date, most models of rape reflect the disciplinary isolation of their proponents. In this article, Professor Jones argues that integrating life science and social science perspectives on sexual aggression can improve law's model of rape behavior and further our efforts to reduce the .incidence of rape. Extending his prior work on law, biology, and sexual aggression, Professor Jones addresses both why law's model of rape behavior can usefully incorporate insights from biobehavioral science in …

Monstrous Offenders And The Search For Solidarity Through Modern Punishment, Joseph E. Kennedy

UC Law Journal

In this article, Professor Kennedy examines the tremendous increase in the severity of punishment in America in recent decades. He posits that criminal punishment has come to serve as a new civic religion of sorts for a society worried about its ability to cohere. The depth of our anxieties about our social solidarity, Kennedy argues, expresses itself in our monstrous conceptions of crime and in the corresponding severity of our punishment. His conclusion is that crime has come to serve as a rallying cry for a divided and insecure society, and that individuals and groups try to use punishment and …

Guns, Extremists, And The Constitution, Calvin R. Massey

Faculty Scholarship

No abstract provided.

The Freedom Of Access To Clinic Entrances Act And The Nuremberg Files Web Site: Is The Site Properly Prohibited Or Protected By Speech, Melanie C. Hagan

UC Law Journal

In 1999, a federal jury, in the case of Planned Parenthood v. American Coalition of Life Activists, returned a verdict in plaintiff's favor to the tune of $100 million. At issue was whether the Web site known as The Nuremberg Files, as well as printed "wanted style" posters dubbed The Deadly Dozen, both listing personal information regarding abortion physicians, were "threats" under The Freedom of Access to Clinic Entrances Act of 1994 (FACE).

FACE imposes liability on any person who intimidates or attempts to intimidate by force or threat of force any person because that person provides reproductive health services. …

Free Speech And Expertise: Administrative Censorship And The Birth Of The Modern First Amendment, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Drug Treatment Diversion Program.

Initiatives

DRUG TREATMENT DIVERSION PROGRAM. INITIATIVE STATUTE. Requires drug treatment program and probation for certain non-violent drug possession offenses and similar parole violations not including sale, production or manufacture. Permits court to impose additional conditions of probation but not incarceration. Specifies procedures for determining probation or parole violation and consequences. Authorizes dismissal of charges upon successful completion of treatment but requires disclosure of arrest and conviction to law enforcement and as necessary for candidates, peace officers, licensure, contracting with State Lottery, jury service. Requires studies of this measure's effectiveness. Appropriates state funds for drug treatment program through 2005-2006. Summary of estimate …

Drug Treatment Diversion Program.

Initiatives

DRUG TREATMENT DIVERSION PROGRAM. INITIATIVE STATUTE. Requires drug treatment program and probation for certain non-violent drug possession offenses and similar parole violations not including sale, production or manufacture. Permits court to impose additional conditions of probation but not incarceration. Specifies procedures for determining probation or parole violation and consequences. Authorizes dismissal of charges upon successful completion of treatment but requires disclosure of arrest and conviction to law enforcement and as necessary for candidates, peace officers, licensure, contracting with State Lottery, jury service. Requires studies of measure's effectiveness. Appropriates state funds and uses forfeited assets for drug treatment program. Summary of …

Funding For After School Educational, Gang Prevention Programs.

Initiatives

FUNDING FOR AFTER SCHOOL EDUCATIONAL, GANG PREVENTION PROGRAMS. INITIATIVE STATUTE. Increases sales and use tax 1/10 (one-tenth) percent on July 1, 2001, to fund educational, cultural, outdoor, and gang prevention programs for pupils under age 21 in grades K-12, continuation or alternative schools. Educational programs receive 70 percent. Designated organizations granted funds to improve math and science learning. Competitive grants for programs operated by schools and nonprofit corporations. Some funds reserved for programs at museums, science, and nature centers. Gang prevention programs receive 30 percent. Funds granted to selected music organizations and state departments for programs or competitive grants. Summary …

State Grants: After School Educational Activities; Gang Prevention Programs.

Initiatives

STATE GRANTS: AFTER SCHOOL EDUCATIONAL ACTIVITIES; GANG PREVENTION PROGRAMS. INITIATIVE STATUTE. Increases sales and use tax 1/10 (one-tenth) percent on July 1, 2001, for educational, cultural, outdoor, and gang prevention programs for elementary and secondary students under age 21. Tax and grant program ends January 1, 2010. Educational programs receive 70 percent. Designated organizations granted funds for math and science learning. Competitive grants for programs operated by schools and nonprofit corporations. Some funds for programs at museums, science, and nature centers. Gang prevention programs receive 30 percent. Funds granted to music organizations and state departments for programs or competitive grants. …

California's Sexually Violent Predator Act: The Role Of Psychiatrists, Courts, And Medical Determinations In Confining Sex Offenders, Carolyn B. Ramsey

UC Law Constitutional Quarterly

This article explores tensions between law and psychiatry after the California Supreme Court's affirmation of the Sexually Violent Predator Act ("SVPA")-a statute providing for the involuntary civil commitment of sex offenders at the end of their prison terms. The United States Supreme Court upheld a similar Kansas law in 1997. Following a brief discussion of the SVPA's constitutionality, the article considers three issues in greater detail: (1) the sex offender's right to treatment during civil confinement, (2) potential problems with finding a right to refuse treatment, and (3) the need to reconcile the standard for civil confinement under the SVPA …

The Evolution Of The Sprawl Debate In The United States, Robert W. Burchell, Naveed A. Shad

UC Law Environmental Journal

No abstract provided.

Section Three Of The Defense Of Marriage Act: Is Marriage Reserved To The States, Kristian D. Whitten

UC Law Constitutional Quarterly

It seems clear that the Framers of the Constitution of the United States believed that laws defining and regulating marriage were among the "numerous and indefinite" powers reserved to the states. Early U.S. Supreme Court decisions echoed that sentiment, and as recently as United States v. Lopez, the Court has cited regulation of domestic relations as a quintessentially state power. In 1996 Congress and the President reacted to the possibility that Hawaii might license same-sex marriages by enacting the Defense of Marriage Act, Section 3 which defines the words "marriage" and "spouse" for all federal laws, regulations and programs. This …

The Common Law In South Africa: Pro Apartheid Or Pro Democracy, Jeremy Sarkin

UC Law SF International Law Review

The role of the common law in South Africa has been controversial. Some argue that South Africa's common law, inherited from Roman-Dutch and English law, has a problematic colonial tradition that has done little to protect justice and equality. Others argue that if not for parliamentary security legislation, South Africa's common law could have protected rights and freedoms.

This article examines several apartheid-era cases in which the common law protection of individual rights was at stake to determine whether the common law was human rights friendly, or if it was compatible with the constitutional dispensation of human rights abuses. It …

For Their Own Good: The Results Of The Prostitution Laws As Enforced By Cops, Politician And Judges, Norma Jean Almodovar

UC Law SF Journal on Gender and Justice

No abstract provided.

Shining The Spotlight On Johns: Moving Toward Equal Treatment Of Male Customers And Female Prostitutes, Julie Lefler

UC Law SF Journal on Gender and Justice

No abstract provided.

New York, Printz, And The Driver's Privacy Protection Act: Has Congress Commandeered The State Department Of Motor Vehicles?, Adam S. Halpern

UC Law Journal

In New York v. United States, the Supreme Court set forth the rule that any federal law which directs state governments to enact specific legislation is per se unconstitutional. The Court characterized these federal laws as attempts to "commandeer" the States' governmental machinery. The Court reaffirmed and extended the so-called "anti-commandeering" principle in Printz v. United States, holding that Congress may not constitutionally pass a law that directs a State's administrative officials to take a particular action. In the wake of these decisions, two U.S. circuit courts of appeals have struck down as unconstitutional the Driver's Privacy Protection Act of …

On The Received Wisdom In Federal Courts, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Alcoholic Beverages.

Initiatives

ALCOHOLIC BEVERAGES. INITIATIVE STATUTE. Authorizes Department of Alcoholic Beverage Control to approve sale of alcoholic beverages 2:00 a.m. to 4:00 a.m. on Fridays, Saturdays, Sundays, holidays and days preceding holidays. Imposes surcharge on drinks sold 2:00 a.m. to 4:00 a.m., creating the Club Legislation Fund. Creates six committees to administer new programs financed by the Fund: administrative costs limited to $21 million annually; remainder used for drug rehabilitation, career resource centers; increased school financing; housing for seniors, homeless, HIV-positive individuals; summer camps and jobs programs; mobile medical units testing for HIV, blood pressure and sexually transmitted diseases; and midnight-basketball programs. …

Gaming. 3,000 Palm Springs Video Slot Machines.

Initiatives

GAMING. 3,000 PALM SPRINGS VIDEO SLOT MACHINES. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Amends Constitution to permit voter-approved casino gambling statutes. Authorizes up to 3,000 video slot machines in Palm Springs, if all forms of permitted gambling and games were conditionally approved by majority of Palm Springs' voters prior to January 1, 1996. Requires two-thirds voter approval at local level for new or expanded cardrooms. Taxes video slot machine revenues; requires taxes be allocated statewide for local public safety purposes. If conflicting regulatory scheme on ballot is approved by more votes, non-conflicting provisions of this measure are severable. Measure supersedes specified …

Gambling. 5,000 Palm Springs Video Slot Machines.

Initiatives

GAMBLING. 5,000 PALM SPRINGS VIDEO SLOT MACHINES. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Amends Constitution to permit voter-approved casino style gaming. Authorizes up to 5,000 video slot machines in Palm Springs, if all forms of permitted gambling and games are conditionally approved by majority of Palm Springs' voters prior to January 1, 1996. Requires two-thirds voter approval at local level for new or expanded cardrooms. Taxes video slot machine revenues; requires taxes be allocated statewide for local public safety purposes. If conflicting regulatory scheme on ballot is approved by more votes, non-conflicting provisions of this measure are severable. Measure supersedes specified …

Ballot Measures. Application.

Propositions

BALLOT MEASURES. APPLICATION. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Prohibits any statewide initiative, legislative measure, or local ballot measure from excluding or including any county, city or other local jurisdiction from its application based upon voter approval or the casting of a specified percentage of votes for or against the measure within that political subdivision. Provides that no statewide initiative, legislative measure, or local ballot measure can contain language which enables alternative or cumulative provisions of the measure to become law based upon a specified percentage of votes being cast for or against the measure. Summary of Legislative Analyst's Estimate of Net State …

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

UC Law Constitutional Quarterly

Much has been made of Justice Blackmun's supposed transformation from a "Minnesota TWin" following in the footsteps of Chief Justice Burger to a member of the Supreme Court's liberal wing aligned with Justices Brennan and Marshall. The Justice was appointed at a time when crime control was a major concern both for the American people and for President Nixon, who had pledged to put "law and order" judges on the Supreme Court. Moreover, the Justice's years on the Court coincided with a retreat from a number of the Warren Court precedents that had broadened the constitutional rights afforded criminal defendants. …

Preservationists Vs. Recreationists In Our National Parks, Nathan L. Scheg

UC Law Environmental Journal

No abstract provided.

Interpreting The Communications Assistance For Law Enforcement Act Of 1994: The Justice Department Versus The Telecommunications Industry & (And) Privacy Rights Advocates, Hildegarde A. Senseney

UC Law SF Communications and Entertainment Journal

This Note examines what began as a very common-sense idea: law enforcement's surveillance capabilities needed to be protected in the face of new, high technology communications devices that were making law enforcement's task much more difficult, if not impossible. This was the primary motivation behind the passage of the Communications Assistance for Law Enforcement Act of 1994.

As the compliance date fot the Act draws nearer, many issues are still open to fierce debate between the Federal Bureau Of Investigation, the telecommunications industry and privacy rights advocates. The telecommunications industry claims that the FBI is demanding capacity and technological standards …

Electric Utilities. Assessments. Bonds.

Propositions

ELECTRIC UTILITIES. ASSESSMENTS. BONDS. INITIATIVE STATUTE. Prohibits assessment of utility tax, bond payments or surcharges for payment of costs of nuclear power plants/related assets. Limits authority of electric companies to recover costs for non-nuclear generation plants. Prohibits issuance of rate reduction bonds and assessments on customers for payment of bond principal, interest, and related costs. Provides judicial review of Public Utilities Commission decisions relating to electric restructuring and financing costs by writ of mandate. May provide up to 20% electricity rate reduction for residential and small commercial customers of investor-owned utilities by January 1, 1999. Restricts customer information dissemination. Summary …

Discrimination, Distribution, And City Regulation Of Speech, Katheleen M. Sullivan

UC Law Constitutional Quarterly

Cities are sometimes caught in a pincer movement between the First Amendment's twin requirements: if they restrict too much speech in public places, they may violate its requirement that some minimum distribution of speech be secured, but if they try to expand opportunities for speech by exempting particular speech or speakers from general laws, they may run afoul of the ban on content discrimination. The most prudent approach to speech regulation, therefore, would appear to be flat but narrow prohibitions. For example, sales of message-bearing merchandise are better regulated by a flat peddling ban in specified areas than by one …

Sliding Backwards: The Impact Of California Evidence Code Section 1108 On Character Evidence, Rape Shield Laws And The Presumption Of Innocence, Celia Mcguinness

UC Law SF Journal on Gender and Justice

No abstract provided.

Polygraph Evidence: Post-Daubert, Paul C. Giannelli

UC Law Journal

No abstract provided.

Fifth Place: Khalid Khawar V. Globe International, Inc., Jennie Goldsmith, David Levy

David E. Snodgrass Moot Court Competition

No abstract provided.