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Articles 841 - 870 of 1018
Full-Text Articles in Entire DC Network
New Prison Construction Bond Act Of 1990-B
New Prison Construction Bond Act Of 1990-B
Propositions
NEW PRISON CONSTRUCTION BOND ACT OF 1990-B. This act provides for a bond issue of four hundred fifty million dollars ($450,000,000) to provide funds to relieve overcrowding in the state's prisons and the Youth Authority facilities through new construction.
Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley
Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley
UC Law SF International Law Review
The right to organize trade unions is widely recognized as essential to the well being of workers. This right is protected as a human right by the customary law of nations. When a country is occupied in wartime, its trade unions may be regarded with suspicion by the occupying power which may view them as providing a cover for anti-occupation activity. Nonetheless, the right of trade unions to function is not abrogated by the fact of belligerent occupation. An occupant must permit trade unions to carry out their activities.
Alcohol Surtax.
Propositions
ALCOHOL SURTAX. CONSTITUTIONAL AMENDMENT. INITIATIVE STATUTE. • Establishes Alcohol Surtax Fund in State Treasury. • Imposes surtax of five cents per 12 ounces beer, 5 ounces most wines, 1 ounce distilled spirits. • Imposes additional per unit floor stock tax. • Proceeds deposited into Alcohol Surtax Fund. • Guarantees 1989-90 nonsurtax funding with required annual adjustments, and appropriates Surtax Fund revenues for increased funding for alcohol and drug abuse prevention, treatment and recovery programs (24%); emergency medical care (25%); community mental health programs (15%); child abuse and domestic violence prevention training and victim services (15%); alcohol and drug related law …
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
Public Remedies For Private Wrongs: Rethinking The Title Vii Back Pay Remedy, Minna J. Kotkin
UC Law Journal
With the maturing of employment law and litigation, the shift away from class action to individual lawsuits, attempts to address more subtle forms of discrimination, and recent Supreme Court decisions vastly restricting systemic actions, Title VII of the Civil Rights Act of 1964 has become essentially a private dispute resolution mechanism. This Article argues that the remedies available under Title VII, however, do not serve either articulated purpose of the statute: to make the victims of impermissible discrimination whole and to discourage employers' discriminatory practices. Back pay awards in individual suits are too small to serve as effective deterrents, and …
The Community Charter Of The Fundamental Social Rights Of Workers, George M. Kraw
The Community Charter Of The Fundamental Social Rights Of Workers, George M. Kraw
UC Law SF International Law Review
On October 30, 1989, the European Community adopted the Community Charter of the Fundamental Social Rights of Workers. This Charter sets social standards which the Community, its Member States, and its businesses must maintain. The Charter protects all Community workers, benefits all its citizens, and is likely to have a political impact far beyond the Community's borders. This Article describes the Charter in detail and analyzes it in the context of current world events. The author calls for the recognition of the basic social protections embodied in the Charter as fundamental rights which should be guaranteed to all human beings.
By What Authority: Reflections On The Constitutionality And Wisdom Of The Flag Protection Act Of 1989, David L. Faigman
By What Authority: Reflections On The Constitutionality And Wisdom Of The Flag Protection Act Of 1989, David L. Faigman
UC Law Constitutional Quarterly
No abstract provided.
Alcohol Surtax Fund.
Initiatives
ALCOHOL SURTAX FUND. CONSTITUTIONAL AMENDMENT. INITIATIVE STATUTE. Establishes Alcohol Surtax Fund in State Treasury. Imposes surtax of five cents per 12 ounces beer, 5 ounces wine, 3 ounces fortified wine and 1 ounce distilled spirits. Imposes additional per unit floor stock tax. Proceeds deposited into Alcohol Surtax Fund. Appropriates revenues from surtax fund for alcohol and drug abuse prevention, treatment and recovery programs (24%); emergency medical care (25%); community mental health programs (15%); child abuse and domestic violence prevention training and victim services (15%); alcohol and drug related law enforcement costs, other programs (21%). Prohibits affected program reductions. Summary of …
Fourth Prize: Baltimore Dept. Of Social Services V. Bouknight, Jeffrey Zimel, Kathryn Schmidt
Fourth Prize: Baltimore Dept. Of Social Services V. Bouknight, Jeffrey Zimel, Kathryn Schmidt
David E. Snodgrass Moot Court Competition
No abstract provided.
Second Prize: Federal Trade Commission V. Superior Court Trial Lawyers Association, Claudia Toussaint, Wesley Overson
Second Prize: Federal Trade Commission V. Superior Court Trial Lawyers Association, Claudia Toussaint, Wesley Overson
David E. Snodgrass Moot Court Competition
No abstract provided.
Wildlife Protection.
Initiatives
WILDLIFE PROTECTION. INITIATIVE STATUTE. Establishes Habitat Conservation Fund. Transfers $30 million to Fund annually from existing environmental funds and General Fund. Monies from Fund appropriated to Wildlife Conservation Board; Coastal, Tahoe, Santa Monica Mountains Conservancies; state and local parks programs. Funds to be used principally for acquisition of deer and mountain lion habitat; rare and endangered species habitat. Remaining funding for wetlands; riparian and aquatic habitat; open space; other environmental purposes. Prohibits taking of mountain lions unless for protection of life, livestock or other property. Permit for taking required, but prohibits use of poison, leg-hold or metal-jawed traps and snares. …
Hastings Community (Spring 1989), Hastings College Of The Law Alumni Association
Hastings Community (Spring 1989), Hastings College Of The Law Alumni Association
Hastings Alumni Publications
No abstract provided.
Lyng V. Northwest Indian Cemetery Protective Association: Government Property Rights And The Free Exercise Clause, S. Alan Ray
Lyng V. Northwest Indian Cemetery Protective Association: Government Property Rights And The Free Exercise Clause, S. Alan Ray
UC Law Constitutional Quarterly
No abstract provided.
The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards
The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards
UC Law Constitutional Quarterly
No abstract provided.
Shifting Sands--A Comparison Of English And American Coastal Zone Management Programs, Roberta Lee Jones
Shifting Sands--A Comparison Of English And American Coastal Zone Management Programs, Roberta Lee Jones
UC Law SF International Law Review
The United States and England have each instituted government programs designed to protect coastal resources, but the two programs differ in scope and substance. The United States enacted federal legislation that helped individual coastal states establish and fund coastal programs. By contrast, the Parliament has enacted few meaningful coastal zone management programs and has instead relied on participation from private conservation organizations and local governments to manage and protect coastal resources. This Note compares the coastal zone management programs of England and the United States and proposes improvements for each program.
Voter Standing: A New Means For Third Parties To Challenge The Tax-Exempt Status Of Nonprofit Organizations, Joanne L. Dunec
Voter Standing: A New Means For Third Parties To Challenge The Tax-Exempt Status Of Nonprofit Organizations, Joanne L. Dunec
UC Law Constitutional Quarterly
No abstract provided.
More Than Shreds And Patches: California's First Bill Of Rights, Christian G. Fritz
More Than Shreds And Patches: California's First Bill Of Rights, Christian G. Fritz
UC Law Constitutional Quarterly
No abstract provided.
Employer Defamation: Reasons And Remedies For Declining References And Chilled Communications In The Workplace, Deborah Daniloff
Employer Defamation: Reasons And Remedies For Declining References And Chilled Communications In The Workplace, Deborah Daniloff
UC Law Journal
Fear of liability has caused many employers to refrain from giving references or reasons for terminating employees. Inadequate protection for employers under constitutional and tort law, unrestricted punitive awards, and the lack of a declaratory relief alternative threaten free expression in the workplace. This Note proposes that such inadequacies may be remedied by applying an enhanced definition of negligence and eliminating the conditional privilege in employer defamation cases. The enhanced negligence standard would reduce employer fear of strict liability, create a uniform standard of communication for employers to follow, and insure that liability clearly was established by the higher degree …
Hastings Community (Summer 1988), Hastings College Of The Law Alumni Association
Hastings Community (Summer 1988), Hastings College Of The Law Alumni Association
Hastings Alumni Publications
No abstract provided.
New Prison Construction Bond Act Of 1988
New Prison Construction Bond Act Of 1988
Propositions
NEW PRISON CONSTRUCTION BOND ACT OF 1988. This act provides for a bond issue of eight hundred seventeen million dollars ($817,000,000) to provide urgently needed funds to relieve overcrowding in the state's prisons, county jails, and Youth Authority facilities through new construction.
County Correctional Facility Capital Expenditure And Youth Facility Bond Act Of 1988
County Correctional Facility Capital Expenditure And Youth Facility Bond Act Of 1988
Propositions
COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE AND YOUTH FACILITY BOND ACT OF 1988. This act provides for a bond issue of five hundred million dollars ($500,000,000) to provide funds for the construction, reconstruction, remodeling, replacement, and deferred maintenance of county correctional facilities and county juvenile facilities and to provide funds to youth centers and youth shelters.
Appropriations Limit Adjustment.
Appropriations Limit Adjustment.
Propositions
APPROPRIATIONS LIMIT ADJUSTMENT. INITIATIVE CONSTITUTIONAL AMENDMENT. Constitution limits tax revenues state and local governments annually appropriate for expenditure: allows "cost of living" and "population" changes. "Cost of living" defined as lesser of change in US Consumer Price Index or per capita personal income; measure redefines as greater of change in California Consumer Price Index or per capita personal income. "State population" redefined: includes increases in K-12 or community college average daily attendance greater than state population growth. Local government "population" redefined: includes increases in residents and persons employed. Specifies motor vehicle and fuel taxes are fees excluded from appropriations limit. …
The Paradox Of A Revolutionary Constitution: A Reading Of The Nicaraguan Constitution, Christopher P. Barton
The Paradox Of A Revolutionary Constitution: A Reading Of The Nicaraguan Constitution, Christopher P. Barton
UC Law SF International Law Review
Nicaragua has recently adopted its first constitution since the 1979 Sandinista Revolution. The Constitution tries to institutionalize and legitimate the power of the FSLN and the Revolution itself within the framework of a basically westernstyle constitution. This Article examines the text of the Nicaraguan Constitution to explore the political philosophy underlying constitutionalism in Nicaragua, with particular attention to the place of the Party and the Revolution in the Constitution. The Article considers tensions in the Constitutional text between legitimating the power of the FSLN and creating institutions that limit that same power. Finally, the Article considers the idea, stated in …
Communicable Disease Tests.
Propositions
COMMUNICABLE DISEASE TESTS. INITIATIVE STATUTE. Requires courts in criminal and juvenile cases, upon finding of probable cause to believe bodily fluids were possibly transferred, to order persons charged with certain sex offenses, or certain assaults on peace officers. firefighters, or emergency medical personnel, to provide specimens of blood for testing for acquired immune deficiency syndrome (AIDS), AIDS-related conditions and other communicable diseases. Provides notification to specified persons of test results. Requires medical personnel in correctional facilities to report inmate exposure to such diseases and notice to personnel who come in contact with such inmates. Provides confidentiality of information reported. Summary …
School Funding
Propositions
SCHOOL FUNDING. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Amends State Constitution by establishing a minimum level of state funding for school and community college districts; transferring to such districts, within limits, state revenues in excess of State's appropriations limit; and exempting excess funds from appropriations limit. Adds provisions to Education Code requiring excess funds to be used solely for instructional improvement and accountability and requiring schools to report student achievement, drop-out rates, expenditures per student, progress toward reducing class size and teaching loads, classroom discipline, curriculum, quality of teaching, and other school matters. Contains other provisions. Summary of Legislative Analyst's estimate …
Governor's Parole Review.
Propositions
GOVERNOR'S PAROLE REVIEW. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Provides that no decision of the parole authority which grants, denies, revokes, or suspends the parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days. Permits Governor to review the decision during this period subject to statutory procedures. States that the Governor may only affirm, modify, or reverse a parole authority decision on the basis of the same factors which the parole authority may consider. Requires Governor to report to the Legislature the pertinent facts and reasons for each parole action. Summary …
Preemption And Federalism: The Missing Link, Paul Wolfson
Preemption And Federalism: The Missing Link, Paul Wolfson
UC Law Constitutional Quarterly
No abstract provided.
Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown
Do Judicial Scarlet Letters Violate The Cruel And Unusual Punishments Clause Of The Eight Amendment, Gregory M. Brown
UC Law Constitutional Quarterly
No abstract provided.
Land Use Regulatory Takings Revisited: The New Supreme Court Approaches, Craig A. Peterson
Land Use Regulatory Takings Revisited: The New Supreme Court Approaches, Craig A. Peterson
UC Law Journal
No abstract provided.
Balancing Exigency And Privacy In Warrantless Searches To Prevent Destruction Of Evidence: The Need For A Rule, Barbara C. Salken
Balancing Exigency And Privacy In Warrantless Searches To Prevent Destruction Of Evidence: The Need For A Rule, Barbara C. Salken
UC Law Journal
No abstract provided.
Beer, Wine And Distilled Spirit Taxes: Public Safety And Emergency Care.
Beer, Wine And Distilled Spirit Taxes: Public Safety And Emergency Care.
Initiatives
BEER, WINE, AND DISTILLED SPIRIT TAXES: PUBLIC SAFETY AND EMERGENCY CARE. INITIATIVE STATUTE. Proposes to increase excise taxes for distilled spirits from $2.00 to $7.59 per gallon; beer from $1.24 to $5.58 per barrel; still wine from $0.01 to $0.06 per gallon; and for certain other alcoholic beverages. Distributes increased revenue to local governments for defined purposes, including public safety, emergency care and trauma centers, civil court improvement, alcohol and substance abuse education and victim restitution. Prohibits using increased revenue authorized to reduce current appropriation and expenditure levels. Adjusts future taxes for inflation. Increases state appropriation limit by increase in …