Law Commons^™

Fish, Farms, And The Clash Of Cultures In The Klamath Basin, Holly Doremus, A. Dan Tarlock

Holly Doremus

No abstract provided.

Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine

Patricia E. Salkin

No abstract provided.

Can You Hear Me Up There? Giving Voice To Local Communities Imperative For Achieving Sustainability, Patricia E. Salkin

Patricia E. Salkin

Sustainable development is an international challenge that demands attention at all levels of government. The calls to action to achieve sustainability have varied over the last few decades. For example, in the 1970s and 1980s attention was focused on the need for environmental review and growth management strategies. In the 1990s the rhetoric shifted to smart growth and livable communities, and today, the issue has been reframed as advocates view sustainability through the lens of global warming and climate change. Regardless of the nomenclature, however, the end game is the same. While the United States as a whole speaks through …

Creating A Carbon Sequestration Right: A Legal Tool To Enhance The Use Of Forest-Based Carbon Offsets, Abigail Stecker

Abigail Stecker

A carbon sequestration right would support the use of forest-based offsets to facilitate the satisfaction of AB 32's emission reduction standards. Under AB 32, California will enter into a cap-and-trade market with other states and Canadian provinces through the Western Climate Initiative. The WCI market will include only forest-based offsets that are verifiable, real, additional, and permanent. Firms participating in the market will be more willing to purchase these offsets when they are assured that a secure legal tool supports the underlying carbon sequestration and storage.

A conscientiously drafted and implemented carbon sequestration right will provide adequate legal support for …

Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe

Scott W. Howe

Imposing a death sentence in California has become symbolism with a staggering price. From 1973 through 2009, California sentenced 927 persons to death but executed only thirteen. No executions have occurred since 2006. There are presently 714 persons on death row. Average delays between death sentences and executions are among the worst in the nation and in some cases will reach 30 years. One recent study estimated that taxpayers have spent more than $4,000,000,000 on the California death penalty since 1978 and more than $184,000,000 in 2009 alone.

This Article addresses two major questions about the future of California’s death …

Fair Housing At 30: Where We Are, Where We Are Going, Tim Iglesias, Susan Saylor

Tim Iglesias

California has long been a leader in anti-discrimination law including in housing. Thirty years after the founding of the California Real Property Journal, this article asks: How effective have the fair housing laws been in achieving their twin goals of ending housing discrimination and promoting community integration? Much progress has been made during this time, but stubborn patterns of bias and segregation persist. At the same time, our laws have expanded to encompass more people and more situations, making the goalpost more distant and elusive. This article (1) describes at how fair housing laws have changed since the first issue …