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State Occupational Safety And Health Plan. Dec 1987

State Occupational Safety And Health Plan.

Initiatives

STATE OCCUPATIONAL SAFETY AND HEALTH PLAN. INITIATIVE STATUTE. Federal law permits states to enforce occupational safety and health standards in private sector employment pursuant to federally approved state plan. California has had such a state plan and has occupational safety laws regulating private and public employment. In 1987, the Governor took action to withdraw the plan and to reduce its funding. This measure requires funds to be budgeted for the state plan and requires steps be taken to prevent withdrawal of federal approval of the plan or, if Failed to Qualify, to require submission of new plan. Other changes are …


Communicable Disease Tests. Nov 1987

Communicable Disease Tests.

Initiatives

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, fire-fighters, 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 …


State And Local Appropriations Limit Adjustment Aug 1987

State And Local Appropriations Limit Adjustment

Initiatives

STATE AND LOCAL APPROPRIATIONS LIMIT ADJUSTMENT: CONSTITUTIONAL AMENDMENT. Constitution limits tax revenues state and local governments annually appropriate for expenditure, but allows adjustments for changes in "cost of living" and "population." Currently, "cost of living" defined as lesser of change in US Consumer Price Index or California per capita personal income. Measure redefines standard as the greater of change in California Consumer Price Index or California 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 both residents and persons employed. …


Appropriations Limit Adjustment. Aug 1987

Appropriations Limit Adjustment.

Initiatives

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 fuel and taxes are fees not subject to appropriations …


Beer, Wine, And Distilled Spirit Taxes: Law Enforcement Funding. Jul 1987

Beer, Wine, And Distilled Spirit Taxes: Law Enforcement Funding.

Initiatives

BEER, WINE, AND DISTILLED SPIRIT TAXES: LAW ENFORCEMENT FUNDING. INITIATIVE STATUTE AND CONSTITUTIONAL AMENDMENT. Amends State Constitution to permit voters to increase alcoholic beverage taxes for any purpose. Additional revenues not subject to state or local government appropriation limitations. Adds statutes to increase excise taxes by ten cents per gallon of beer and wine and per half pint of distilled spirits 100 or less proof, and by twenty cents per half pint of distilled spirits over 100 proof. Additional revenues under measure's tax increases available for local law enforcement purposes only. Summary of estimate by Legislative Analyst and Director of …


Limits On Extremist Political Parties: A Comparison Of Israeli Jurisprudence With That Of The United States And West Germany, Dan Gordon Jan 1987

Limits On Extremist Political Parties: A Comparison Of Israeli Jurisprudence With That Of The United States And West Germany, Dan Gordon

UC Law SF International Law Review

In June 1984 an administrative body of the Israeli legislature voted to bar two parties from participating in the July 1984 parliament elections. The Committee banned the parties because they were "antistate" and "antidemocratic." In Naiman v. Chairman of the Central Elections Committee, the Israeli Supreme Court unanimously reversed the Committee and allowed both parties to run. This Article first discusses the background to the Naiman case and then considers in detail the separate opinions of the justices. The Article next summarizes the ways in which the United States and Germany (the only two states with comparable systems and significant …


The Envelope, Please: Problems And Proposals For Electronic Mail Surveillance, C. Leigh Haynes Jan 1987

The Envelope, Please: Problems And Proposals For Electronic Mail Surveillance, C. Leigh Haynes

UC Law Constitutional Quarterly

No abstract provided.


The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel Jan 1987

The Safe Schools Provision: Can A Nebulous Constitutional Right Be A Vehicle For Change, Stuart Biegel

UC Law Constitutional Quarterly

No abstract provided.


Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger Goldman, Steven Puro Jan 1987

Decertification Of Police: An Alternative To Traditional Remedies For Police Misconduct, Roger Goldman, Steven Puro

UC Law Constitutional Quarterly

No abstract provided.


Keeping The Constitutional Republic: Civic Virtue Vs. Pornographic Attack, William A. Stanmeyer Jan 1987

Keeping The Constitutional Republic: Civic Virtue Vs. Pornographic Attack, William A. Stanmeyer

UC Law Constitutional Quarterly

No abstract provided.


The Judicial Right And The Rhetoric Of Restraint: A Defense Of Judicial Activism In An Age Of Conservative Judges, J. Skelly Wright Jan 1987

The Judicial Right And The Rhetoric Of Restraint: A Defense Of Judicial Activism In An Age Of Conservative Judges, J. Skelly Wright

UC Law Constitutional Quarterly

No abstract provided.


The Highest Paying Customers: America's Cities And The Costs Of Prostitution Control, Julie Pearl Jan 1987

The Highest Paying Customers: America's Cities And The Costs Of Prostitution Control, Julie Pearl

UC Law Journal

No abstract provided.


The Nature Of Legal Argument: The Personal Jurisdiction Paradigm, Richard K. Greenstein Jan 1987

The Nature Of Legal Argument: The Personal Jurisdiction Paradigm, Richard K. Greenstein

UC Law Journal

No abstract provided.


New Prison Construction Bond Act Of 1986 Jan 1986

New Prison Construction Bond Act Of 1986

Propositions

NEW PRISON CONSTRUCTION BOND ACT OF 1986. This act provides for the acquisition and construction of state youth and adult correctional facilities pursuant to a bond issue of five hundred million dollars ($500,000,000).


Restrictions On Toxic Discharges Into Drinking Water; Requirement Of Notice Of Persons' Exposure To Toxics. Initiative Statute Jan 1986

Restrictions On Toxic Discharges Into Drinking Water; Requirement Of Notice Of Persons' Exposure To Toxics. Initiative Statute

Propositions

RESTRICTIONS ON TOXIC DISCHARGES INTO DRINKING WATER; REQUIREMENT OF NOTICE OF PERSONS' EXPOSURE TO TOXICS. INITIATIVE STATUTE. Provides persons doing business shall neither expose individuals to chemicals known to cause cancer or reproductive toxicity without first giving clear and reasonable warning. nor discharge such chemicals into drinking water. Allows exceptions. Requires Governor publish lists of such chemicals. Authorizes Attorney General and, under specified conditions, district or city attorneys and other persons to seek injunctions and civil penalties. Requires designated government employees obtaining information of illegal discharge of hazardous waste disclose this information to local board of supervisors and health officer. …


County Correctional Facility Capital Expenditure Bond Act Of 1986 Jan 1986

County Correctional Facility Capital Expenditure Bond Act Of 1986

Propositions

COUNTY CORRECTIONAL FACILITY CAPITAL EXPENDITURE BOND ACT OF 1986. This act provides for the construction, reconstruction, remodeling, and replacement of county correctional facilities and the performance of deferred maintenance thereon pursuant to a bond issue of four hundred ninety-five million dollars ($495,000,000).


Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane Jan 1986

Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane

UC Law SF International Law Review

The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.


The Twenty-First Amendment And The Commerce Clause: What Rationale Supports Bacchus Imports, Eric T. Freeman Jan 1986

The Twenty-First Amendment And The Commerce Clause: What Rationale Supports Bacchus Imports, Eric T. Freeman

UC Law Constitutional Quarterly

No abstract provided.


Debating Conviction Against Conviction--Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel Jan 1986

Debating Conviction Against Conviction--Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel

UC Law Constitutional Quarterly

No abstract provided.


Public Safety Legislation And The Referendum Power: A Reexamination, Chip Lowe Jan 1986

Public Safety Legislation And The Referendum Power: A Reexamination, Chip Lowe

UC Law Journal

The public safety exception to the permissive referendum limits the power given to voters in many states to suspend and veto bills enacted by state or local legislative bodies. The exception excludes from referral those laws passed for the express purpose of preserving public peace, health, or safety. This Article analyzes the scope and standards of judicial review of the legislative declarations of public safety. The Article begins with an examination of the history of the referendum and its controversial role in the democratic process. The Article explores the traditional judicial deference to legislative declarations of emergency that are used …


The Suspect As A Source Of Testimonial Evidence: A Comparison Of The English And American Approaches, Gordon Van Kessel Jan 1986

The Suspect As A Source Of Testimonial Evidence: A Comparison Of The English And American Approaches, Gordon Van Kessel

UC Law Journal

No abstract provided.


The Suspect As A Source Of Testimonial Evidence: A Comparison With The English Approach, Gordon Van Kessel Jan 1986

The Suspect As A Source Of Testimonial Evidence: A Comparison With The English Approach, Gordon Van Kessel

Faculty Scholarship

No abstract provided.


Hastings Community (Summer 1985), Hastings College Of The Law Alumni Association Jun 1985

Hastings Community (Summer 1985), Hastings College Of The Law Alumni Association

Hastings Alumni Publications

No abstract provided.


Stanley Mosk: A Federalist For The 1980'S, Arthur J. Goldberg Jan 1985

Stanley Mosk: A Federalist For The 1980'S, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.


Constricting Federal Habeas Corpus: From Great Writ To Exceptional Remedy, Yale L. Rosenberg Jan 1985

Constricting Federal Habeas Corpus: From Great Writ To Exceptional Remedy, Yale L. Rosenberg

UC Law Constitutional Quarterly

No abstract provided.


Seven Deadly Sins Of Straining The Constituition Through A Scientific Sieve, Laurence J. Tribe Jan 1984

Seven Deadly Sins Of Straining The Constituition Through A Scientific Sieve, Laurence J. Tribe

Mathew O. Tobriner Memorial Lectures

No abstract provided.


Clean Water Bond Law Of 1984 Jan 1984

Clean Water Bond Law Of 1984

Propositions

CLEAN WATER BOND LAW OF 1984. This act provides for a bond issue of three hundred twenty-five million dollars ($325,000,000) to provide funds for water pollution control, water conservation, and water reclamation projects and activities.


Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer Jan 1984

Freer Expression Or Greater Repression - Unesco And The Licensing Of Journalists, Karen D. Kraemer

UC Law SF Communications and Entertainment Journal

Political unrest in many regions of the world presents dangers to journalists, and thereby threatens the free flow of information. UNESCO's proposal to license international correspondents in order to help insure their safe conduct has met with strong criticism from the American press. This commentary examines several human rights instruments and their limited enforceability and suggests that there may be other viable options, including treaties and internal codes of ethics, that would stem the trend of violence against reporters.


Property Taxation. Seismic Safety Construction Exclusion. Jan 1984

Property Taxation. Seismic Safety Construction Exclusion.

Propositions

PROPERTY TAXATION. SEISMIC SAFETY CONSTRUCTION EXCLUSION. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Under the present provisions of the Constitution, real property is reassessed for taxation purposes when new construction occurs. An exception is made for specified reconstruction done after a disaster. This measure adds an additional exception where an unreinforced masonry bearing wall is reconstructed or improved. This measure excludes the portion of such reconstruction or improvement necessary to comply with any local ordinance relating to seismic safety from reassessment during the first 15 years following the reconstruction or improvement. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: …


New Prison Construction Bond Act Of 1984 Jan 1984

New Prison Construction Bond Act Of 1984

Propositions

NEW PRISON CONSTRUCTION BOND ACT OF 1984. This act provides for the construction, renovation, remodeling, and deferred maintenance of state correctional facilities pursuant to a bond issue of three hundred million dollars ($300,000,000).