Law Commons^™

Criminal Justice Information Sharing: A Legal Primer For Criminal Practitioners In California, W. David Ball, Robert Weisberg

Faculty Publications

California criminal justice agencies need access to data in order to provide security, health care treatment, and appropriate programming, as well as to coordinate these activities with other agencies. By the same token, outside agencies—whether criminal, social service, or non-governmental—could often do their jobs more effectively with access to information generated or retained within particular criminal justice agencies. Criminal justice realignment under AB 109 has only heightened the need for inter-agency data sharing and cooperation, yet there continue to be misunderstandings about the legal framework surrounding information exchange.

This Article aims to provide a basic, practical background on the legal …

Perry V. Schwarzenegger: Trying Same-Sex Marriage., Michael J. Ritter

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2008, California voters enacted Proposition 8, carving out an exception to the State constitution’s equal protection, due process, and privacy guarantees. After litigation in state court proved ineffective, same-sex couples sought relief in federal court in the widely discussed case Perry v. Schwarzenegger. Though the trial court released its decision only three weeks ago, the case has received attention by the national media and by legal circles throughout the country. This Article addresses the progression of the case of Perry from the filing of the case to its current status before the Ninth Circuit Court of Appeals. It offers …

The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green

Pace Law Review

No abstract provided.

Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY

24 slides

Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

74 pages.

This paper was originally published as:

Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).

Implementing Environmental Justice: The New Agenda For California State Agencies, Ellen M. Peter

Golden Gate University Law Review

The purpose of this article is to give an account of the commencement of the regulatory process to achieve environmental justice and to highlight some of the issues presented to the Davis administration. Preliminarily, some background is required for context. The achievement of environmental justice does not start on a fresh slate. Federal statutes and federal executive initiatives impose separate legal requirements. These federal mandates both require actions by California state agencies and provide guidance on how to interpret the new California statutes. Thus, this article begins with an account of the legal and historical development of the concept of …

Enforcement Of Pesticide Regulation In California: A Case Study Of The Experience With Methyl Bromide, Victoria Clark

Golden Gate University Law Review

This article will attempt to provide an overview of the pesticide regulatory program ("the Program") and its pitfalls, as well as the track record of the administration of California Governor Gray Davis ("the Davis Administration") regarding pesticide issues. The first section will detail the regulatory agency structure of the Program, particularly the authority and duties of DPR and the CACs. The second section will discuss the pesticide permitting system, its requirements, and some anecdotes to illustrate the public participation process in this system. To present a case study of the Program's implementation, the methyl bromide regulations will be discussed at …

Brownfields And The California Department Of Toxic Substances Control: Key Programs And Challenges, Denise Ferkich Hoffman, Barbara Coler

Golden Gate University Law Review

In order to meet the challenges posed by significant increases in population, the recycling of brownfields is essential. Recycling brownfields can also promote infill development which will, in turn, optimize population densities and can serve to reduce negative aspects of sprawl. Infill development can revitalize existing communities as idle or underutilized properties in urban centers will be used for residential, commercial and public purposes (schools, parks, hospitals). However, there exists a delicate balance in California, where urban density has increased, there is increased competition for buildable sites, particularly for public facilities, i.e., schools. The California Department of Toxic Substances Control …

Regulation Of Logging On Private Land In California Under Governor Gray Davis, Thomas N. Lippe, Kathy Bailey

Golden Gate University Law Review

Few issues in California have been more controversial or engendered more passionate public debate than the damage to the state's environment from logging. The almost complete disappearance of the primeval old-growth redwood forests that once blanketed the north coast of California has been the focal point for much of the debate. Since the redwood forests have for the most part remained in private hands, they are subject to regulation by the state of California. And the fate of the redwoods has brought several waves of litigation, ballot initiatives, new regulations and numerous public acquisitions, all designed to preserve these forests …

Fixing The Delta: The Calfed Bay-Delta Program And Water Policy Under The Davis Administration, Patrick Wright

Golden Gate University Law Review

This article will examine the origins and key elements of the CALFED Record of Decision, the role of the Davis Administration in developing the final plan, and the major challenges ahead in implementing the plan.

Too Late In The Game: How Ballot Measures Undercut Ceqa, Jon Rainwater, Susan Stephenson

Golden Gate University Law Review

Because the regulatory guidelines for the California Environmental Quality Act ("CEQA") contain an exemption for "the submittal of proposals to a vote of the people," both projects avoided environmental analysis after the board of supervisors and the electorate had given a green light for the projects. In this article, we will examine the possibility that the ballot measure exemption functions as a loophole that weakens the goal of early meaningful, analysis that is at the heart of CEQA. To. put the exemption in a specific environmental and political context, we will look at some of the environmental impacts of the …

Senate Bill 1413: The Answer To Senate Bill 60 Plebiscite And Its Constitutionality Under The Inherent Powers Doctrine, Tamara Hill

Golden Gate University Law Review

This Comment will examine the evolution of the California State Bar, its intended purpose and the reasons for which its structure is currently under attack. It will also discuss the respective roles of the California Legislature and California Supreme Court in regulating the legal profession under the Inherent Powers Doctrine. Moreover, this Comment will analyze whether the attempt by California Legislature to restructure the State Bar, using SB 1413, is constitutional under the Inherent Powers Doctrine by applying the two-part test established in Brydonjack v. State Bar of California. Finally, this Comment concludes that SB 1413 is constitutional under the …

A Decision Procedure For Making And Evaluating Ccp 998 Offers, Ryan J. Vlasak

Ryan J Vlasak

This paper puts forth a decision procedure for making and evaluating offers to compromise pursuant to CCP section 998.

Survey: Women And California Law, Carol A. King

Golden Gate University Law Review

This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.

San Francisco's Neighborhood Commercial Special Use District Ordinance: An Innovative Approach To Commercial Gentrification, Mark Cohen

Golden Gate University Law Review

What follows in this article is a discussion of: (1) the problems that have resulted in ten of San Francisco's neighborhood commercial streets due to economic revitalization that has been rapid and disorganized; (2) the City of San Francisco's attempt to deal with these problems by means of the Neighborhood Commercial Special Use District ordinance currently in effect; (3) how the provisions of the ordinance work; (4) the legal issues involved; and, (5) the planning and sociological principles the ordinance seeks to advance.

Trout Of Bounds: The Effects Of The Federal Circuit Court Of Appeals’ Incorrect Fifth Amendment Takings Analysis In Casitas Municipal Water District V. United States, Raymond Dake

Raymond Dake

Abstract: The Federal Circuit Court of Appeals decision in Castias Municipal Water District v. United States to apply a physical takings analysis to the partial interference of the water district’s water rights by the government in order to protect the steelhead trout through enforcement of the Endanger Species Act (“ESA”) is incorrect, plain and simple. Instead, I argue for the use of a regulatory takings analysis for partial takings of rights to use water under the Penn Central Test. The Casitas Court’s ruling misapplies California water law, disregards U.S. Supreme Court precedent from Tahoe-Sierra, ignores underlying theory and policy to …

Financing The Next Silicon Valley, Darian M. Ibrahim

Faculty Publications

Silicon Valley’s success has led other regions to attempt their own high-tech transformations, yet most imitators have failed. Entrepreneurs may be in short supply in these “non-tech” regions, but some non-tech regions are home to high-quality entrepreneurs who relocate to Silicon Valley due to a lack of local financing for their start-ups. Non-tech regions must provide local finance to prevent entrepreneurial relocation and reap spillover benefits for their communities. This Article compares three possible sources of entrepreneurial finance—private venture capital, state-sponsored venture capital, and angel investor groups—and finds that angel groups have distinct advantages when it comes to funding innovation …

Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: James R. Rasband, Dean of the J. Reuben Clark Law School, Brigham Young University (Provo, UT)

32 slides

Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Marcilynn Burke, BLM Deputy Director - Programs and Policy, U.S. Dept. of the Interior, (Washington, D.C.)

30 slides

Opening Up To International Arbitration, Yuval Miller, M. Anderson Berry

M. Anderson Berry

Leah D. Harhay, Managing Editor of the World Arbitration & Mediation Review, provided key insights as an expert on this subject, having co-authored a forthcoming article on the topic with Professor David D. Caron of U.C. Berkeley Law School.

Due to an accident of legislative history, for the past decade California law has barred foreign attorneys from participating in international arbitrations located in the state, and erected significant barriers to such participation by attorneys from United States jurisdictions outside California. A previous proposal that would lower these barriers—endorsed by the California State Bar—failed to gain sufficient political momentum to rouse …

The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter

Fordham Journal of Corporate & Financial Law

No abstract provided.

The “California Effect” & The Future Of American Food: How California’S Growing Crackdown On Food & Agriculture Harms The State & The Nation, Baylen J. Linnekin

Baylen J. Linnekin

For several decades, California has served as the epicenter of the American food scene. California produces one-third of the nation’s food, is home to one in eight American consumers, and boasts a staggering 90,000 restaurants. California is also where eating trends are born, and where fast food, organic food, and Napa Valley wines became durable icons of American culinary culture.

The state’s place atop the national food chain, though, is in jeopardy. In recent years, California legislators have pursued regulations that negatively impact many important agricultural and culinary trends. State and local governments have banned or severely regulated a veritable …

The Proper Guardians Of Foster Children’S Educational Interests, Margaret Ryznar, Chai Park

Margaret Ryznar

The United States Supreme Court has enumerated a constitutionally protected parental right to control the upbringing of one’s child that includes the right to direct the child’s education. The states, meanwhile, have differed in their interpretation and application of this principle when foster children’s educational interests conflict with their biological parents’ wishes. Specifically, although some states permit the judicial limitation of parental rights over children’s education during foster care placement, others do not. This Article is among the first to consider the benefits and consequences of each approach in the context of parents’ rights and children’s best interests.

Santa Clara Magazine, Volume 52 Number 1, Summer 2010, Santa Clara University

Santa Clara Magazine

16 - COURAGE IN THE FACE A photoessay from Haiti by Michael Lattimore. A journey to document humanitarian work by doctors in the wake of the January quake.

20 - PILGRIMAGE By Martha Stortz. Walking the Camino to Santiago de Compostela, and learning a few things along the way: about big questions, saints, direction, and feet.

28 - THE HISTORIANS An interview by Ron Hansen M.A '95. Between them, historians George Giacomini '56 and Tim O'Keefe can claim nearly a century of educating Santa Clara students. This year, both close the books on teaching in the classroom. But first they …

Testing Democracy: Marriage Equality, Citizen-Lawmaking And Constitutional Structure, Francisco Valdes

Articles

No abstract provided.

Proposition 13 And The California Fiscal Shell Game, Colin H. Mccubbins, Mathew D. Mccubbins

Faculty Scholarship

We study the effects of California’s tax and expenditure limitations, especially Proposition 13. We find that Proposition 13 was indeed effective at reducing both ad valorem property taxes per capita and total state and local taxes per capita, at least in the short run. We further argue that there have been unintended second- ary effects that have resulted in an increased tax burden, undermining the aims of Proposition 13. To circumvent the limits imposed by Proposition 13, the state has drastically increased nonguaranteed debt, has privatized the public fisc, and has devolved the authority to lay and collect taxes and …

Reform In California's Immigration Enforcement And Immigration Court, Nelson E. Gil

CMC Senior Theses

According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the programs established to apprehend illegal aliens …

Santa Clara Magazine, Volume 51 Number 4, Spring 2010, Santa Clara University

Santa Clara Magazine

14 - BENDING LIGHT By Steven Boyd Saum. They wanted to show that green living is not a compromise. So, for the international Solar Decathlon, the SCU-led Team California built a house of light and wonder. And it was dazzling enough to win No. 3 on the planet.

22 - CONNECT THE DOTS By Scott Brown '93. From border security to disaster preparedness, Secretary of Homeland Security Janet Napolitano '79 has one immense portfolio. She's also the point person on immigration. How to put those together?

28 - THIS PLACE WE CALL HOME By Kristina Chiapella '09 '09. Generations ago, …

California Women: Trying To Use Federal Taxes To Put The 'Community' In Community Property, Stephanie H. Mcmahon

Faculty Articles and Other Publications

Community property is thought to be a more equitable marital property regime than the common law because we assume that providing each spouse with an interest in fifty percent of the family’s income also provides a substantial amount of equality between spouses. Historically, however, as the regime operated in the United States, it was not especially favorable to wives. Although the concept implied a partnership between spouses, in practice wives were denied rights a partner would expect to enjoy. This article examines how women lobbied to enlarge the protection California wives enjoyed under the state’s community property regime in the …