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County Courthouse Facility Capital Expenditure Bond Act Of 1990

Propositions

COUNTY COURTHOUSE FACILITY CAPITAL EXPENDITURE BOND ACT OF 1990. This act provides for a bond issue of two hundred million dollars ($200,000,000) to provide funds for the construction, reconstruction, remodeling, replacement, and deferred maintenance of county courthouse facilities.

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 …

Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas

UC Law SF International Law Review

Anyone who is outraged on hearing accounts of torture, genocide, or other human rights violations also is inevitably frustrated by the international community's helplessness in its inability to right these wrongs. This Note supports the establishment of an international human rights court and proposes that the court be divided into criminal and civil sections. The criminal court would prosecute human rights violations, and the civil court would provide a forum for individual victims and their families to sue and collect damages. In the absence of a comprehensive solution to human rights violations, such as a human rights court, this Note …

When A Promise Is Not A Promise: The Legal Consequences For Journalists Who Break Promises Of Confidentiality To Sources, Kathryn M. Kase

UC Law SF Communications and Entertainment Journal

According to both a trial court and an appeals court in Minnesota, a newspaper breached a contract when it identified a source to whom its reporter promised confidentiality. While American journalists are increasingly identifying confidential sources, imposing contract law is an inadequate remedy because it does not consider journalistic factors such as the story's news value. This Note argues that American courts should adopt the British cause of action for breach of confidence, which balances the source's need for confidentiality against the public's need to know.

Out Of Sight, Out Of Danger: Procedural Due Process And The Segregation Of Hiv-Positive Inmates, Lynn S. Branham

UC Law Constitutional Quarterly

No abstract provided.

The Supreme Court And Affirmative Action: Whose Classification Is Suspect, Donald E. Lively

UC Law Constitutional Quarterly

No abstract provided.

Constitutionality Without Wisdom: Caplin &(And) Drysdale And Monsanto Examined, Dawn Cartwright

UC Law Constitutional Quarterly

No abstract provided.

A Proposal For Legislative Effectuation Of Double Jeopardy Protection, Kevin A. Hicks

UC Law Journal

In addition to protecting a criminal defendant against multiple trials, the double jeopardy clause protects those convicted of crimes from multiple punishment for the same offense. This protection presents the problem of how to determine whether two or more charged offenses are truly separate or whether they constitute a single offense. In Blockburger v. United States, the United States Supreme Court adopted a mechanical test, holding that two offenses are different where each requires proof of a fact that the other does not. For many years this "same evidence" test seemed to be the last word on whether two offenses …

The Case To Preserve Criminal Jurisdiction Immunity Accorded Foreign Diplomatic And Consular Personnel In The United States, James E. Hickey Jr., Annette Fisch

UC Law Journal

Recently proposed federal legislation would remove criminal jurisdiction immunity presently enjoyed as a matter of right by foreign diplomatic and consular personnel residing in the United States. Such legislation reflects, in the authors' views, both a misplaced concern, expressed in the media and in the recent legal literature, about the threat posed to American society by "diplomatic crime," and a misunderstanding of existing international and domestic law on diplomatic privileges and immunities. The authors oppose any alteration of the present law on grounds that it is unwarranted on the facts, that it would contravene international and domestic law, that it …

Recent U.S. And International Judicial Protection Of Individual Rights: A Comparative Legal Process Analysis And Proposed Synthesis, Nadine Strossen

UC Law Journal

Recent U.S. Supreme Court decisions have eroded significantly the judicial protection of individual rights, not only in terms of their substantive holdings, but also in terms of the weakened judicial review standards they enunciate. By contrast, the tribunals that enforce the European Convention on Human Rights have displayed the opposite tendencies: toward increased protection of individual rights, not only in substantive terms, but also in terms of heightened judicial scrutiny. The U.S. long has recognized that international legal standards may be incorporated into domestic law in order to enhance the protection accorded to individual rights. Accordingly, Professor Strossen proposes that …

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 …

Crimes. Taxation. Bonds. And Statute

Initiatives

CRIMES. TAXATION. BONDS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Commencing 1991, appropriates $561,000,000 to state, county, city governments for drug enforcement, treatment, gang related purposes, additional sums thereafter; appropriation funded by conforming state corporate tax laws to federal tax laws. Amends state Constitution: affords accused no greater state constitutional rights, other than privacy, than federal Constitution; prohibits post-indictment preliminary hearings; provides reciprocal discovery; allows hearsay in preliminary hearings. Statutory changes: expands definition for first degree murder, special circumstances; increases penalties for minors; establishes judicial voir dire. Authorizes issuance of $740,000,000 of general obligation bonds for drug abuse, confinement, and treatment facilities. …

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

David E. Snodgrass Moot Court Competition

No abstract provided.

Criminal Law.

Initiatives

CRIMINAL LAW. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Amends State Constitution regarding criminal and juvenile cases: affords accused no greater constitutional rights than federal Constitution affords; prohibits post-indictment preliminary hearings; establishes People's right to due process and speedy, public trials; provides reciprocal discovery; allows hearsay in preliminary hearings. Makes statutory changes, including: expands first degree murder definition; increases penalties for specified murders; expands special circumstance murders subject to capital punishment; increases penalty for minors convicted of first degree murder to life imprisonment without parole; provides probable cause finding based on hearsay; requires court to conduct jury examination. Summary of estimate of …

Kadrmas V. Dickinson Public Schools: A Search For A Constistent Equal Protection Standard In Education, Michele Benson

UC Law Constitutional Quarterly

No abstract provided.

The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

UC Law Constitutional Quarterly

No abstract provided.

"User-Accountability" Provisions In The Anti-Drug Abuse Act Of 1988: Assaulting Civil Liberties In The War On Drugs, Christopher D. Sullivan

UC Law Journal

In October of 1988 Congress passed the Anti-drug Abuse Act of 1988. Among its provisions are two new "user accountability" measures designed to attack the demand side of the war on drugs. One measure will impose civil fines of up to $10,000 for casual drug users. The second measure will give judges the discretion to deny federal benefits, such as student loans, to people convicted of drug possession or trafficking. This Note argues that these measures were rushed through Congress out of an election year desire to look tough on drugs. This Note argues that the provision for civil fines …

Realism And Reasonableness In Statutory Interpretation: People V. Anderson, Gina Limandri

UC Law Journal

In 1983, the California Supreme Court ruled that a finding of intent to kill was required for the imposition of capital punishment on felony murderers under the California death penalty initiative. When reviewing the initiative, the court employed the traditional method of statutory interpretation, which requires a court to focus on the statutory language itself and on the historical context in which the statute was passed. Four years later in People v. Anderson, however, the court overruled its interpretation of the death penalty initiative and held that intent to kill was not an element of the felony murder special circumstance …

A Proposal For The Development Of A System Of Indigenous Jurisprudence In The Federated States Of Micronesia, Brian Z. Tamanaha

UC Law SF International Law Review

Through a critical examination of the court decisions of the Federated States of Micronesia, this Article will establish that the Micronesians have failed in their efforts to develop a system of indigenous jurisprudence. To understand the reasons for this failure, this Article will survey similar attempts to merge custom into an improved legal system in decolonized areas around the world. Following the conclusion that the existing strategies applied to these situations cannot succeed, this Article will propose a new approach. The proposal rejects the focus on custom as a separate source of law, and instead emphasizes the role and nature …

Pressing California Shield Law On Criminal Defendants: A Weighting Game, Amy R. Bach

UC Law SF Communications and Entertainment Journal

Both the California Constitution and Evidence Code provide journalists with "shield" law protection that allows them to avoid contempt citations for failing to answer subpoenas. This protection allows them to ensure source confidentiality and is integral to the newsgathering process. However, it clashes with the federal constitutional guarantee that criminal defendants may subpoena information for their defense. This Note examines the controversy that arises when a criminal defendant seeks access via subpoena to the same information a reporter seeks to protect. The author proposes a revised approach to supplant currently inadequate standards for resolving such controversies.

Toward An Eclectic Approach To Separation Of Powers: Morrison V. Olson Examined, Keith Werhan

UC Law Constitutional Quarterly

No abstract provided.

The Political Offense Exception And The Extradition Process: The Enhancement Of The Role Of The U.S. Judiciary, Abraham Abramovsky

UC Law SF International Law Review

Using Northern Ireland as a model, this Article argues that some political dissidents have not received fair trials in countries requesting extradition and suggests another method for evaluating extradition requests. This Article first provides background about the conflict in Northern Ireland and the trial procedures for alleged terrorists. Then, the extradition procedure in the United States is examined emphasizing the political offense exception. The Article concludes that the courts are the most appropriate forum for inquiry into the criminal system of the country requesting extradition, especially when the political offense exception is invoked. The courts should affirmatively undertake the duty …

"Innocence"--A Dialogue With Professor Sundby, Louis B. Schwartz

UC Law Journal

No abstract provided.

On The Perils Of Line-Drawing: Juveniles And The Death Penalty, Joseph L. Hoffmann

UC Law Journal

In this Article, the author applies the basic principles of Kantian retributive justice to the eighth amendment issue posed by the use of the death penalty against juveniles. The author contends that the debate over the retributive value of the juvenile death penalty has mistakenly focused solely on whether such a punishment is cardinally proportional to the culpability of the juvenile offender. The author argues that retributive justice also imposes an important, theoretically related requirement that punishments satisfy ordinal proportionality. According to the author, a "bright line" prohibition of the juvenile death penalty, based on chronological age, would violate ordinal …

To Keep The Balance True: The Case Of Coy V. Iowa, Ellen Forman

UC Law Journal

Recently, states have enacted legislation aimed at protecting child victims of sexual abuse from the trauma of testifying face to face with the accused. The United States Supreme Court considered the constitutionality of one such statute in Coy v. Iowa. In Coy, the trial court permitted the use of a one-way screening barrier between the accused and the complaining child witnesses. The Court found that the procedure violated Coy's sixth amendment right of confrontation and reversed the conviction.

The Court's opinion is subject to criticism on two grounds. First, the decision was inconsistent with prior confrontation clause cases. Second, the …

The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby

UC Law Journal

Although the presumption of innocence is universally acknowledged as central to the Anglo-American accusatorial system, considerable controversy surrounds how far the presumption of innocence should be extended through the requirement that the state prove the defendant's guilt beyond a reasonable doubt. Determining the scope of the presumption of innocence and reasonable doubt rule requires balancing the risk of acquitting the guilty against the danger of convicting innocent individuals. The balancing is made even more difficult when posed as a question of constitutional law because it raises concerns of federalism and separation of powers. This Article reviews the various judicial and …

Administrative Collateral Estoppel In California: A Critical Evaluation Of People V. Sims, Thomas F. Crosby Jr.

UC Law Journal

Should an administrative adjudication by an agency not afforded judicial powers under the California Constitution be accorded preclusive effect in a related judicial proceeding? This Article suggests there should be no such effect, or that the legislature should create specific rules to govern its application. If neither, the author suggests that the legislature should simply limit its reach to less serious cases. The author critically examines a decision of the California Supreme Court allowing broad use of administrative collateral estoppel, a felony prosecution barred by the outcome of a welfare "fair hearing," and concludes it was wrongly decided and misapplied …

Disclosure And Accuracy In The Guilty Plea Process, Kevin C. Mcmunigal

UC Law Journal

The prosecutor's constitutional and ethical duty to reveal material exculpatory evidence to a criminal defendant in a case that is tried is well established. The duty to reveal such information in a case that is resolved by a guilty plea, however, remains unresolved. This Article argues that the duty to disclose should be extended to the guilty plea context to help ensure the accuracy of guilty pleas. It maintains that disclosure would enhance the accuracy of guilty pleas by reinforcing both the knowledge and sincerity underlying the confession of guilt, which provides the cornerstone of the typical guilty plea. The …

The Virtues Of A Procedural View Of Innocence--A Response To Professor Schwartz, Scott E. Sundby

UC Law Journal

In these essays, the authors explore different views of the criminal trial as a means of determining "innocence." The more specific focus of the discussion is the role of the presumption of innocence and the best means for determining the facts to which the reasonable doubt rule should apply. Professor Schwartz, responding to an earlier article by Professor Sundby, argues that the presumption of innocence should be implemented through a standard by which a court would ask whether legislation or a procedure was "arbitrary, incompatible with civilized respect for the individual, and shocks the conscience of the Court." In response, …