Digital Commons Network^™

Gaming. Video-Slot Machines. Taxation.

Initiatives

GAMING. VIDEO-SLOT MACHINES. TAXATION. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTES. Amends Constitution to permit voter-approved casino gambling statutes. Authorizes certain video-slot machines in Palm Springs not to exceed 3,000 machines, 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 cardrooms or expansions of existing cardrooms. Taxes video-slot machine revenues and requires that taxes be used for local public safety. Provides measure is severable from any conflicting measure on the ballot or supersedes any legislative regulatory scheme. Summary of estimate …

Taxes. Business Deductions, Credits, Exemptions. Voter Approval.

Initiatives

TAXES. BUSINESS DEDUCTIONS, CREDITS, EXEMPTIONS. VOTER APPROVAL. INITIATIVE CONSTITUTIONAL AMENDMENT. Requires two-thirds vote of voters to approve currently existing and future laws which reduce rate, base, or burden of state or local taxes on banks, corporations, insurers, trades or businesses, below that generally applied. Annuls such existing state and local laws which are not approved by two-thirds vote of the voters by January 1, 2000. Requires additional tax revenues resulting from such annulments to be distributed, in equal amounts, to adult California residents who pay any state or local tax. Requires two-thirds vote of the voters to amend measure. Summary …

Why Packing A Pistol Perpetuates Patriarchy, Alana Bassin

UC Law SF Journal on Gender and Justice

No abstract provided.

Gambling. Slot Machines. Legalization, Regulation, Taxation.

Initiatives

GAMBLING. SLOT MACHINES. LEGALIZATION, REGULATION, TAXATION. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Amends Constitution to remove prohibitions against private lotteries and to permit voters to approve casino-style gambling. Changes statutes to authorize slot machines in Palm Springs. Requires two-thirds local voter approval for new or expanded cardrooms. Creates California Gaming Control Commission with jurisdiction over gambling establishments. Establishes gaming investigative and enforcement division in Department of Justice. Allows publicly-traded corporations to own gambling establishments. Establishes tax on slot machine revenues. Restricts use of revenues to local public safety. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact …

Mixed Questions And The Scope Of Federal Habeas Review: Consideration Of Miranda Claims In Thompson V. Keohane, Rachel Meyers

UC Law Constitutional Quarterly

Federal habeas corpus review has a long historical tradition, at common law and in the United States. Over time, federal habeas review has expanded to its modern dimensions, which permit lower federal courts to overturn decisions of the states' highest courts. When federal courts review claims raised by state prisoners, the mandate to protect individual constitutional rights competes with other fundamental constitutional values: the promotion of federalism, in the form of respect for state court judgments, finality and fairness.

This Comment analyzes a federal habeas claim of a Miranda violation, a claim which has traditionally been deemed a "mixed question" …

Gone Today, Here Tomorrow: Policies And Issues Surrounding Wildlife Reintroduction, Craig R. Enochs

UC Law Environmental Journal

No abstract provided.

Nafta: The Effect Of The Motor Carrier Provisions On The Future Of The Agreement, Pamela C. Schmidt

UC Law SF International Law Review

The motor carrier provisions of the North American Free Trade Agreement (NAFTA) provide for gradual implementation that will eventually allow Mexican trucks unfettered access to the U.S. highways. The first phase of the motor carrier provisions were scheduled to go into effect on December 18, 1995. The unilateral delay of the provisions by the Clinton administration has resulted in controversy both in the United States and Mexico. Although the motor carrier provisions are just a small part of NAFTA, they have the ability to undermine the entire Agreement.

This Note will examine the advantages and disadvantages of implementing the NAFTA …

Unlocking The Closet Door: Protecting Children From Involuntary Civil Commitment Because Of Their Sexual Orientation, Miye A. Goishi

UC Law Journal

No abstract provided.

Hastings Law News Vol.30 No.2, Uc Hastings College Of The Law

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

No abstract provided.

Sentencing. Repeat And Multiple Offenders.

Initiatives

SENTENCING. REPEAT AND MULTIPLE OFFENDERS. INITIATIVE STATUTE. Amends "Three Strikes" statutes to prohibit judges from striking prior convictions when prior was a violent felony, current offense is a serious or violent felony, or current offense was committed within ten years of conviction or release from custody for serious felony, whichever is later. Allows prosecutors discretion in filing prior convictions, but requires filing of reasons; plea bargaining, high caseload or disagreement with statute not authorized reasons. Amends statute to allow multiple punishment for multiple acts with same objective or committed in continuous transaction. Requires sentence for offense with longest prison term. …

Illegally Present Aliens. Real Property Rights And Employment.

Initiatives

ILLEGALLY PRESENT ALIENS. REAL PROPERTY RIGHTS AND EMPLOYMENT. INITIATIVE STATUTE. Provides illegally present aliens are prohibited from owning, possessing or controlling real property. Makes selling or renting of real property to an illegally present alien a misdemeanor absent a good faith inquiry into the citizen or alien status of contracting party, as defined. Authorizes suits against employers of illegally present aliens by persons economically injured, including competitors. Prohibits public housing authorities from permitting illegally present aliens to occupy authority property. Requires state not count illegally present aliens in program determinations of whether a work force represents a community's composition. Summary …

Hastings Community (Spring 1996), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.

Hastings Law News Vol.29 No.5, Uc Hastings College Of The Law

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

No abstract provided.

Gambling. Legalization, Regulation, Taxation.

Initiatives

GAMBLING. LEGALIZATION, REGULATION, TAXATION. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Amends Constitution to remove prohibitions against private lotteries and to permit voters to approve statutes authorizing casino-style gaming. Changes statutes to require two-thirds local voter approval for new or expanded cardrooms. Authorizes slot machines in Palm Springs. Creates California Gaming Control Commission with jurisdiction over gambling establishments and new division in Department of Justice to investigate and license gambling establishments. Grandfathers-in currently registered cardrooms. Eases requirements for publicly-traded corporations to own gambling establishments. Establishes 10% state tax on gross revenue of slot machines. Restricts use of revenues to local public safety. …

Punishment. Special Circumstances. Carjacking. Murder Of Juror.

Propositions

Adds murder during a carjacking, murder resulting from a carjacking kidnap and t he intentional murder of a juror in retaliation for, or prevention of, the performance of the juror's official duties to the existing list of special circumstance for first-degree murder for which the death penalty or life imprisonment without the possibility of parole is authorized. Joined to Proposition 196 (Chapter 478, Statutes of 1995). If both measures pass, murder by intentional discharge of firearm at persons from a motor vehicle is also added to the list of special circumstances. Summary of Legislative Analyst's Estimate of Net State and …

Ball Four: The Irs Walks The Kansas City Royals, Myreon Sony Hodur

UC Law SF Communications and Entertainment Journal

The IRS will grant deductions for money spent on charitable purposes. One such purpose is lessening the burdens of governments. In 1993 the IRS granted a deduction worth almost $100 million to the estate of Ewing M. Kauffman for his donation of the Kansas City Royals baseball team to a local community foundation under a "Succession Plan." That arrangement would give local buyers preference in bidding to purchase the team from the foundation. The IRS found that the Succession Plan lessened the burden of government insofar as it relieved Kansas City area governments of their burden in keeping the franchise …

Top Income Tax Brackets. Reinstatement. Revenues To Local Agencies.

Propositions

TOP INCOME TAX BRACKETS. REINSTATEMENT. REVENUES TO LOCAL AGENCIES. INITIATIVE STATUTE. Retroactively reinstates 10% and 11% tax rates, respectively, on taxpayers with taxable income over $115,000 and $230,000 (current estimates), and joint taxpayers with taxable income over $230,000 and $460,000 (current estimates). Requires Controller to apportion revenue from reinstated tax rates among counties. Requires counties to allocate that revenue to local government agencies based on each local agency's proportionate share of property taxes which must be transferred to schools and community colleges under 1994 legislation. Prohibits future reduction of local agency's proportionate share of property taxes. Summary of Legislative Analyst's …

Seismic Retrofit Bond Act Of 1996.

Propositions

This act provides for a bond issue of two billion dollars ($2,000,000,000) to provide funds for a seismic retrofit program. Earmarks $650 million for seismic retrofitting of toll bridges Appropriates money from the state General Fund to pay off bonds. Requires measures to reappear on November 1996 ballot if rejected in March 1996. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: General Fund cost of about $3.4 billion to pay off both the principal ($2 billion) and interest ($1.4 billion) on the bonds. The average payment for the principal and interest over 25 years would …

Prisoners. Joint Venture Program. Unemployment Benefits. Parole.

Propositions

Provides that prisoner's employment in a joint venture program while in prison d does not entitle the prisoner to unemployment benefits upon release from prison. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: Probably minor overall fiscal effect.

Amendment Of The California Wildlife Protection Act Of 1990 (Proposition 117). Mountain Lions.

Propositions

Repeals mountain lion's status as specially protected mammal. Requires Fish and Game Commission to manage mountain lions as it manages mammals that are not rare, endangered, threatened. Requires Fish and Game Department implement mountain lion management plan that promotes health, safety, livestock, property protection; identifies priority zones where mountain lion removal has not alleviated threats. Authorizes taking of mountain lions in priority zones, consistent with plan. Permits governmental agencies, landowners to take mountain lions imminently threatening public health, safety, or livestock. Allows legislative amendments. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: Reallocates funds in …

Youthful And Adult Offender Local Facilities Bond Act Of 1996.

Propositions

YOUTHFUL AND ADULT OFFENDER LOCAL FACILITIES BOND ACT OF 1996. This act provides for a bond issue of seven hundred million dollars ($700,000,000) to provide funds for construction, renovation, remodeling, and replacement of local juvenile and adult correctional facilities. Appropriates money from state General Fund to pay off bonds. Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact: General Fund costs of about $1.25 billion to pay off both the principal ($700 million) and interest($550 million) on the bonds. The average payment for principal and interest would be about $50 million per year. Counties would incur …

Voter Approval For Local Government Taxes. Limitations On Fees, Assessments, And Charges.

Propositions

VOTER APPROVAL FOR LOCAL GOVERNMENT TAXES. LIMITATIONS ON FEES, ASSESSMENTS, AND CHARGES. INITIATIVE CONSTITUTIONAL AMENDMENT. Limits authority of local governments to impose taxes and property-related assessments, fees, and charges. Requires majority of voters approve increases in general taxes and reiterates that two-thirds must approve special tax. Assessments, fees, and charges must be submitted to property owners for approval or rejection, after notice and public hearing. Assessments are limited to the special benefit conferred. Fees and charges are limited to the cost of providing the service and may not be imposed for general governmental services available to the public. Summary of …

Advocating The Use Of California's Stalking Statutes To Prosecute Radical Anti-Abortion Protestors, Olga Rodriguez

UC Law SF Journal on Gender and Justice

No abstract provided.

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.

Final Report Of The Blue Ribbon Commission On Jury System Improvement, J. Clark Kelso

UC Law Journal

The jury system in California is in crisis. This crisis manifests itself in public dissatisfaction with the jury system as it currently is structured and managed. The public is rendering its own judgment by refusing to show up for jury duty when called. Felony trials in several counties with large populations are now occasionally delayed because of an inability to provide sufficient jurors for the courtroom when needed.

In December 1995, the Judicial Council of California, the policy-making body for California's courts, appointed a Blue Ribbon Commission to conduct a comprehensive evaluation of the California jury system and to make …

Beyond Self–Interest: Asian Pacific Americans Toward A Community Of Justice, Frank H. Wu

Faculty Scholarship

No abstract provided.

Non-Unanimous Verdicts. Prisoners' Rights Limitation. Extends Parole Terms. Sexually Violent Predators.

Initiatives

NON-UNANIMOUS VERDICTS. PRISONERS' RIGHTS LIMITATION. EXTENDS PAROLE TERMS. SEXUALLY VIOLENT PREDATORS. INITIATIVE CONSTITUTIONAL AMENDMENT. Allows five-sixths majority verdicts in criminal cases, except death penalty cases, and misdemeanor cases tried to a jury of nine or fewer persons by stipulation. Limits prisoners' rights to those established by U.S. and California constitutions. Repeals statute providing other prisoner rights. Increases length, restrictiveness and penalties for violation of parole for certain offenders. Allows parole hearings in any of five specified counties. Defines sexually violent predators and provides process for their evaluation, adjudication and civil commitment. Summary of estimate by Legislative Analyst and Director of …

Reduced Jury Size. Non-Unanimous Verdicts. Prisoners' Rights. Parole. Sexually Violent Predators.

Initiatives

REDUCED JURY SIZE. NON-UNANIMOUS VERDICTS. PRISONERS' RIGHTS. PAROLE. SEXUALLY VIOLENT PREDATORS. INITIATIVE CONSTITUTIONAL AMENDMENT. Allows juries of less than twelve persons in misdemeanor trials. Requires unanimous verdicts in trials before such juries and in death penalty cases. Allows five-sixths majority verdicts in all other criminal cases. Limits prisoners' rights to those established by U.S. and California constitutions. Repeals statute providing other prisoner rights. Increases length, restrictiveness and penalties for violation of parole for certain offenders. Restricts parole hearings to specific counties. Defines sexually violent predators and provides process for their evaluation, adjudication and civil commitment. Summary of estimate by Legislative …

Marijuana.

Initiatives

MARIJUANA. INITIATIVE STATUTE. Prohibits prosecution of persons 21 years or over for cultivation, transportation, distribution, or consumption of marijuana for industrial, medicinal, nutritional, personal use. Adds marijuana to list of available prescription medicines. Grants amnesty for prior offenses; permits destruction of criminal records. Authorizes legislative action regulating use of marijuana in enclosed, restricted public places or while operating vehicles or engaging in conduct affecting public safety. Prohibits testing for marijuana use for employment or insurance. Prohibits use of California law enforcement personnel or funds to assist in the enforcement of federal marijuana laws for acts no longer illegal in California. …

Hastings Law News Vol.28 No.4, Uc Hastings College Of The Law

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

No abstract provided.