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What “Good” has Come from the “Good Faith” Exception?
Full text linkThe FourthAmendment protects the right of the people—us—against unreasonable searches, seizures, and warrantless conduct by government actors—police officers. The Supreme Court has added safeguards to this amendment, with the seminal cases of U.S. v. Weeks and Mapp v. Ohio. The Court created the exclusionary rule, which excludes evidence obtained in violation of the Fourth Amendment from criminal trials. Initially designed as a multifaceted legal mechanism to uphold judicial integrity, deter police misconduct, and serve as a remedy for those who are victims of constitutional violations. The deterrent value was meant to help protect the public at large—especially those who are innocent of any wrongdoing—from being subject to such illegal searches and the deadly consequences they may present
Using Tax Law to Perpetuate Gentrification: Vinegar Hill Lives Again in Charlottesville
Full text linkThe 2017 Tax Cuts and Jobs Act, enacted by the Trump administration, created the largest government-sponsored subsidy for urban renewal through the Opportunity Zones program. This tax expenditure is designed to delay and even avoid capital gains taxes to incentivize development in areas deemed to be in economic distress. While the program’s stated intent is to revitalize neighborhoods, build affordable housing, or promote small businesses, the selection of qualified areas is based on the income rate of residents. That is to say, a subsidy program focused on the physical place improvements has based its designation criteria on local resident’s income. While little academic scholarship has focused on this revolutionary program yet, this note finds that the Opportunity Zone approach to urban renewal likely furthers gentrification, is ripe for abuse, and lacks specificity to help the communities it is intended to serve. These statutory effects are seen clearly in a case study of the Opportunity Zones in Charlottesville, Virginia. In particular, the selection of Zones shows ability to manipulate the program to inappropriately subsidize already-occurring development. In response to the structural issues and the results from the Charlottesville case study, this note further provides a framework of policy solutions for state and local governments, as well as stakeholders, to utilize the opportunity for investment dollars while mitigating the negative externalities
Improvement for Veterans with Depression
Full text linkAfter deployment to Iraq and Afghanistan, there was an increase from 11.4% to 15% of the number of military members diagnosed with depression (Inoue et al., 2021). This shows that efforts such as psychotherapy, medication management and supportive services, aimed at providing help to military veterans with depression are not working as effectively as anticipated. This study was conducted to identify the effectiveness of interventions aimed at helping military veterans dealing with depression, and to make recommendations on changes that might improve psychotherapy, medication management, and supportive services for military veterans dealing with Post-traumatic stress disorder (PTSD) and/or depression. Current literature describes the various interventions available for dealing with PTSD and depression among veterans, though not much has been written on the effectiveness of these interventions. The current study involved interviewing three subject matter experts, such as a psychiatrist and 2 psychologists. The current study also entailed a survey that was conducted to gather the opinions of veterans regarding the treatment, interventions and supportive services available to help them deal with depression. This research helped shed light on what is not working regarding psychotherapy, medication management, and supportive services that they receive from the VA in the fight against PTSD/depression
Employee Retention at Heritage University
Full text linkThe topic of this research paper is Improving Employee Retention at Heritage University. This institution of higher education has suffered a high turnover of employees throughout the University. This paper examines three areas of improvement: pay, benefits, and work conditions the University can change. The literature review supports the argument as to why Heritage University should enhance retention. The research includes primary data collected from current staff and directors from Heritage University in interviews and surveys and provide different perspectives, thoughts and beliefs regarding this study. The impact of the study will help Heritage University implement new strategies or policies to enhance employee retention.
The data collected and results analyzed validate the theory of change and the three assumptions of this study. Current staff, directors, and former employees from Heritage University helped the researcher verify that the responses aligned and mapped to the theory and assumptions. The literature review also validated each of the three assumption. Primary data was collected using an online survey and Zoom interviews. The study offers timely and relevant recommendations to enhance employee retention at Heritage University
Implementing ADUs as a New Form of Student Housing
Full text linkOver the last few years, California is facing a massive housing shortage. This alarming situation has blocked many families and individuals residing in the San Francisco Bay Area to find reasonable shelter, including undergraduate students. To mitigate student homelessness, Senator Nancy Skinner introduced SB 1227: Density bonuses in 2018. It was signed into law by Governor Jerry Brown in the year after. The bill aims to make the building of student housings easier by giving density bonuses to eligible builders. Although SB 1227 has shown a degree of success after its implementation, including a property tax reduction for Accessory Dwelling Units (ADUs) in its language could benefit even more students and homeowners. Moreover, if ADUs oriented vacancy tax and housing vouchers are used with the bill version including property tax reduction, its effectiveness would improve significantly.
This study explores the benefits and drawbacks of rental control pricing, vacancy tax for ADUs and housing vouchers for ADUs to help address this housing concern. Additionally, several literary resources regarding these topics, survey’s data and interviews’ responses are provided to strengthen the discussion. From these findings, recommendations are drawn. The goal of the study is to raise more housing solutions in order to help students in high density urban environments
COVID-19: Enough About Humans, What About the Animals?
Full text linkThis article will provide examples of how zoo animals and domestic animals around the world have both benefited and suffered during this pandemic, and the actions taken by their caregivers to protect them from the adverse impacts of COVID-19. It will then examine how the provisions of the Animal Welfare Act (AWA) and the PREPARED Act, have both failed to protect zoo animals. This article will also examine how the PETS Act and other legislation enacted during COVID-19 have better protected domestic animals during this time, and how the PREPARED Act would be a beneficial addition to the PETS Act because it would add commercial animals to the list of animals protected during emergencies. Finally, this article will assert that more regulations like the PREPARED Act, are needed to better protect animals impacted by COVID-19 and other future emergencies by creating stricter guidelines for emergency planning
CHADWICK V. COMM’R
Full text linkNature of Case: Whether written supervisor approval is required for trust fund recovery penalties to be collected against a responsible person required to submit employment taxes when penalties assessment recommendation forms were submitted by IRS revenue officers
Rage of Innocence: A Book Talk with Professor Kristin Henning
Full text linkEvent is October 1, 2021. Register here.
Golden Gate University School of Law and the Pacific Juvenile Defender Center (PJDC) are very pleased to host Professor Kristin Henning and her new book: Rage of Innocence: How America Criminalizes Black Youth. This talk will be moderated by GGU Law Professor Jyoti Nanda with introductions from PJDC President Patricia Soung.
Drawing upon twenty-five years of experience representing Black youth in Washington, D.C.’s juvenile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young people and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children
