Digital Commons Network^™

Dolan V. California Coastal Commission, Corey E. Taylor

UC Law Environmental Journal

No abstract provided.

State Regulation Of Federal Dredging Projects: Sovereign Immunity And The Issue Of Reasonable Fees, John Michael Chamberlain

UC Law Environmental Journal

No abstract provided.

Reinterrogation, Marcy Strauss

UC Law Constitutional Quarterly

There is no clear delineation under Miranda and Edwards of when the police may reinterrogate a suspect after ordinarily invoking the right to counsel. Logically, the prohibition cannot be indefinite. This would violate the public policy of enabling law enforcement personnel to control crime. The goals of Miranda, Edwards, and related cases establish several factors to be weighed in determining when the prohibition against reinterrogation should end. These include the length of time since the right to counsel was invoked, whether the new crime is related to the one for which the right to counsel was invoked, whether the suspect …

Counter-Demonstration As Protected Speech: Finding The Right To Confrontation In Existing First Amendment Law, Kevin Francis O'Neill, Raymond Vasvari

UC Law Constitutional Quarterly

On any given issue, groups with rival viewpoints may clamor for access to a particular forum at a particular moment in time. Public officials, alarmed by the prospect of clashing demonstrators, may seek to enjoin the simultaneous presence of opposing groups. Though counter-demonstration is an increasingly prevalent phenomenon, few cases address the First Amendment implications of such an injunction. Courts granting injunctive relief have relied on a spontaneous combustion thesis, concluding the abstract possibility of violence suffices by itself to justify banishing counter-demonstrators from the forum.

This Article asserts that the spontaneous combustion thesis is utterly inconsistent with First Amendment …

Hung Up On Semantics: A Critique Of Davis V. United States, Samira Sadeghi

UC Law Constitutional Quarterly

A suspect being interrogated by the police suddenly says, Maybe I should talk to a lawyer. What legal effect, if any, should this statement have? What procedure should the police follow upon such an invocation? The United States Supreme Court in Davis v. United States adopted a rigorous standard for suspects invoking their Miranda rights.

This Comment criticizes the Court's adoption of the so-called threshold of clarity approach and its conclusion that only clearly asserted invocations of counsel trigger any protection for suspects. The Court's heightened requirement of clarity unfairly places a higher burden upon suspects in an already intimidating …

Hastings Law News Vol.28 No.2, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.28 No.1, Uc Hastings College Of The Law

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

No abstract provided.

Marijuana.

Initiatives

MARIJUANA. INITIATIVE STATUTE. Prohibits prosecution for 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 in public places, while operating vehicles or which affects public safety. Prohibits: testing for marijuana use for employment, insurance; enforcement of conflicting federal laws. Directs Legislature, Governor, and Attorney General to challenge conflicting federal laws. Establishes panel to study restitution for persons imprisoned, fined or who have forfeited property for prior offenses. …

Park Lands, Historic Sites, Wildlife And Forest Conservation Bond Act.

Propositions

PARK LANDS, HISTORIC SITES, WILDLIFE AND FOREST CONSERVATION BOND ACT. INITIATIVE STATUTE. • Authorizes a bond issue of almost $2 billion ($2,000,000,000) for the acquisition, development, restoration and conservation of park lands, historic sites, wildlife areas and forests throughout California, to be repaid from the state General Fund. • Funds for parks and recreational facilities are included. • Specifies the lands for acquisition, development, or restoration in detail. • Designates state agencies to administer the funds with a portion available for grants to local agencies and non-profit organizations for specifically named projects. Summary of Legislative Analyst's Estimate of State and …

Health Services. Taxes.

Propositions

HEALTH SERVICES. TAXES. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. • Establishes health services system with defined medical, prescription drug, long-term, mental health, dental, emergency, other benefits; available to California residents, replacing existing health insurance, premiums, programs. • Services funded by tax upon employers, individuals, with stated exemptions, cigarette/tobacco products surtax, existing federal, state, county health care funds, if authorized; proceeds deposited into Health Security Fund. Health benefit providers, authorized costs, paid from fund. • Elected Health Commissioner administers fund/system, coordinates with federal law. • Provides cost controls; annual expenditure limits based on prior year expenditures, unless adjusted. • Creates advisory Policy …

Human Environment Of The Mind: Correcting Nepa Implementation By Treating Environmental Philosophy And Environmental Risk Allocation As Environmental Values Under Nepa, Victor B. Flatt

UC Law Journal

The National Environmental Policy Act (NEPA) requires all agencies to consider the environmental impact of any federal action that significantly affects the quality of the environment. Currently, certain important environmental impacts are not being considered in the NEPA analysis. These environmental impacts are associated with environmental risk allocation and environmental philosophy.

Professor Flatt argues that the failure to include the values of environmental risk allocation and environmental philosophy as environmental impacts under NEPA is inconsistent with a proper interpretation of the language and legislative history of that Act. The author argues that considering environmental risk allocation and environmental philosophy under …

Minnesota Burning: R.A.V. V. City Of St. Paul And First Amendment Precedent, Jeffrey M. Laurence

UC Law Constitutional Quarterly

The Supreme Court has long held that it would strictly scrutinize restrictions which burdened protected speech based on the content of the speech. In the past, fighting words have been considered as having such slight social value that they did not merit First Amendment protection. In R.A.V., the Court entered uncharted First Amendment territory when it added an underinclusiveness standard to the content based test. Under the new standard, St. Paul, Minnesota's hate speech law was found invalid as viewpoint discrimination aimed at a subset of fighting words.

The test adopted by the majority is problematic. Contrary to the majority's …

Racism In Our Courts: The Underfunding Of Public Defenders And Its Disproportionate Impact Upon Racial Minorities, Rebecca Marcus

UC Law Constitutional Quarterly

The severe underfunding of the nation's Public Defender System has jeopardized the criminal defendant's right to adequate assistance of counsel. The denial of this right has a disproportionate impact upon racial minorities because they are disproportionately represented by public defenders. The result is a violation of minorities' Sixth Amendment right to counsel and Fourteenth Amendment right to equal protection.

This Note examines the causes of under-funding and its effects on racial minorities. To remedy this discrimination, this Note offers several proposals, including a burden-shifting scheme, the use of the disparate impact standard to show discrimination (as opposed to the discriminatory …

Administrative And Judicial Duties In The Trial Court After A Guilty Or No Contest Plea, George W. Nicholson

UC Law Journal

No abstract provided.

Commensurability And Its Constitutional Consequences, Frederick Schauer

UC Law Journal

Philosophers have been debating the question whether all values are commensurable for at least a generation. Certain legal methodologies presuppose something akin to broadbased commensurability and the frameworks of certain legal structures recognize the irreducible incommensurability of values.

Professor Schauer does not attempt here to resolve the philosophical question whether values are or are not, as on ontological matter, commensurable. Instead, first he sketches the various positions of the commensurability debate. Second, he explains the constitutional implications of holding one position or another in the debate. Third, regarding the core of the argument, Professor Schauer offers a theoretical account of …

The Evolution Of The Nuisance Exception To The Just Compensation Clause: From Myth To Reality, Scott R. Ferguson

UC Law Journal

The "nuisance exception" to the Just Compensation Clause of the Fifth Amendment provides that a government does not have to pay for diminutions in land value resulting from its efforts to suppress a nuisance. Despite widespread acceptance by commentators, the exception has never been established, and nuisance has been merely one factor among many balanced by courts evaluating land use regulations.

In Lucas v. South Carolina Coastal Council, the Supreme Court held that the nuisance exception was categorical. This Note examines the origin and evolution of the "nuisance exception" before Lucas. It then considers the categorization resulting from Justice Scalia's …

Mandatory Hiv Testing And Prostitution: The World's Oldest Profession And The World's Newest Deadly Disease, James Grant Snell

UC Law Journal

In the face of the AIDS crisis, state legislatures are taking steps to curtail the spread of the disease. One strategy is legislation requiring mandatory HIV testing of both convicted and arrested prostitutes. This Note explores the Fourth Amendment issues involved in mandatory testing.

This Note traces the development of the Fourth Amendment "special needs" doctrine, under which mandatory testing of convicted prostitutes has been upheld. The Note applies the Fourth Amendment analysis to mandatory testing in the case of arrested prostitutes and concludes that it is unconstitutional. The Note suggests that in order to constitutionally test prostitutes for HIV …

Civil And Human Rights And The Courts Under The New Constitution Of The Russian Federation, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Hastings Law News Vol.27 No.3, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.27 No.2, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.26 No.8, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.26 No.7, Uc Hastings College Of The Law

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

No abstract provided.

Hastings Law News Vol.26 No.6, Uc Hastings College Of The Law

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

No abstract provided.

Property Taxes. Schools. Development-Fee Limits.

Propositions

PROPERTY TAXES. SCHOOLS. MAJORITY VOTE. DEVELOPMENT-FEE LIMITS. LEGISLATIVE CONSTITUTIONAL AMENDMENT. • Authorizes ad valorem tax or special assessments on real property to exceed 1% limit to repay bonds approved by majority vote (rather than current two-thirds) in school districts, community college districts and counties, to construct, reconstruct, or rehabilitate schools. • Authorizes majority approval (rather than current two-thirds) for general obligation bonds of school districts, community college districts and counties, to construct, reconstruct, or rehabilitate schools, including purchasing land, furnishings and equipment. • Limits local authority to levy school-facilities fees on housing and commercial developments, even if statewide school-facilities bond …

Property Taxation. Transfer Of Base Year Value.

Propositions

PROPERTY TAXATION. TRANSFER OF BASE YEAR VALUE. LEGISLATIVE CONSTITUTIONAL AMENDMENT. • Authorizes Legislature to authorize county boards of supervisors to adopt an ordinance allowing transfer of base year value of property located in another county substantially damaged or destroyed by a disaster, to replacement property located within adopting county, acquired or newly constructed within three years of substantial damage or destruction. • Specifies that scope and amount of benefits from transfer are subject to existing constitutional provisions. • Provisions applicable to replacement property acquired on or after October 20, 1991, and to determination of base year values for fiscal years …

Local Public Safety Protection And Improvement Act Of 1993.

Propositions

LOCAL PUBLIC SAFETY PROTECTION AND IMPROVEMENT ACT OF 1993. LEGISLATIVE CONSTITUTIONAL AMENDMENT. • This measure would provide a dedicated revenue source for public safety purposes. • Revenue would be distributed to cities and counties for purposes such as police, sheriffs, fire, district attorneys and corrections. • If this measure is approved by a majority of the state's voters, the tax would be collected in all counties. However, a county would be eligible to receive tax revenues beginning January 1, 1994, only if the board of supervisors votes to participate or voters within the county approve the measure by majority vote. …

California Housing And Jobs Investment Bond Act. $185 Million Legislative Bond Act.

Propositions

CALIFORNIA HOUSING AND JOBS INVESTMENT BOND ACT. $185 MILLION LEGISLATIVE BOND ACT. • This act establishes a comprehensive program to address the severe housing crisis in California by authorizing the issuance of bonds, requires the proceeds of the bonds to be deposited into the California Housing Loan Insurance Fund for the purpose of providing mortgage guaranty insurance for low and moderate income first-time home buyers pursuant to Part 4 (commencing with Section 51600) of Division 31 of the Health and Safety Code, and requires the repayment of General Fund costs from program revenues in excess of required program costs and …

Going To England: Irish Abortion Law And The European Commnuity, David Cole

UC Law SF International Law Review

Until recently, Ireland outlawed abortion altogether, subject only to the defense of strict necessity. However, Ireland may now be bringing its abortion policies into line with the more liberal policies of the majority of other European nations, most of which permit abortion. This Article explores the recent changes in Ireland's attitude toward abortion. In particular, this Article examines the interplay of European and domestic Irish forces in the struggle for reproductive rights in Ireland from 1983, the year Ireland adopted a constitutional amendment guaranteeing the right to life of the unborn, to the present. The author proposes that the impetus …

The Broadcasting Activities Of The European Community And Their Implications For National Broadcasting Systems In Europe, Wolfgang Hoffman-Reim

UC Law SF International Law Review

No abstract provided.

Florida's Bungee Jumping Regulations: Why Other States Should Take The Plunge, Cindy Oakes

UC Law SF Communications and Entertainment Journal

Bungee jumping burst onto the American recreational scene with amazing momentum. As with many other dangerous recreational activities embraced by thrillseekers in recent years, many states were caught off guard with respect to regulating the sport. The rapid proliferation of bungee operations and the occurrence of several serious accidents highlighted the need for consistent, fair regulatory treatment among the states. The state of Florida has developed a comprehensive and thoughtful set of regulations, which can serve as a model for other states. This Note examines the development of bungee jumping as a popular American activity, explains how Florida's regulations affect …