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Reimagining Criminal Justice: Open Source Data Key to Addressing Mental Health Crises
Get PDFA transparent, cross-functional approach to data sharing and analysis focused on reliability and completeness can help to improve San Francisco\u27s response to the mental health crisis, says Brennan Gamwell, a 2022 JD candidate at the Golden Gate University School of Law
First Panel: Combating Overfishing of Sharks and Rays
No full textPanelist: Nick Fromherz
Nick Fromherz serves as a senior attorney for the Global Law Alliance for Animals and the Environment (the Global Law Alliance), a collaboration launched in the fall of 2020 between the Center for Animal Law Studies and the Environmental Law Program at Lewis & Clark Law School. The Global Law Alliance is a champion for wild animals and wild spaces across the globe, working to protect animals and the environment through the development, implementation, and enforcement of international law. Law students (JD and LLM) actively participate in the work through two clinics within the Alliance
SAFEGUARDING WATER QUALITY IN FEDERAL LICENSING DECISIONS: CALIFORNIA’S RESPONSE TO RECENT CONSTRAINTS ON CLEAN WATER ACT SECTION 401 CERTIFICATION AUTHORITY
Get PDFPursuant to Clean Water Act section 401, state water quality certification authority to regulate federally-licensed energy projects has been relatively well settled for decades. Long-standing precedents from the U.S. Supreme Court, other federal courts, the U.S. Environmental Protection Agency (“U.S. EPA”), and implementation of certification authority by the states, have repeatedly reinforced the cooperative federalism principle of the Clean Water Act: state section 401 certification authority is essential to preserve the states’ ability to address a wide range of pollution problems caused by federally-permitted energy facilities. In recent years, however, state section 401 certification authority has come under siege in the courts, by the Federal Energy Regulatory Commission (“FERC”), and through federal rule changes.
This Article examines the interrelationship of the Federal Power Act and the Clean Water Act with respect to states’ duties to protect water quality. It then explores how section 401 is being redefined by the Hoopa Valley decision and U.S. EPA’s Certification Rule, and discusses the State of California’s response to those recent events. Ultimately, it remains to be seen whether the numerous legal challenges currently underway to test the legality of the federal agency actions will succeed in re-aligning the states’ ability to regulate water quality within their borders
A Human Face to Instream Flow: Indigenous Right to Water for Salmon and Fisheries
Get PDFIn the United States and throughout the world, there are many indigenous peoples whose culture and identity are closely connected to salmon and fisheries. Such salmon and fisheries are often dependent on maintaining adequate instream flows of water in rivers. Indigenous groups in the United States and in other countries have increasingly relied on indigenous human rights laws as a basis to keep water instream to maintain salmon and fisheries. This includes reliance on sources of international law such as the International Convention on Civil and Political Rights, the United Nations Declaration on the Rights of Indigenous Peoples, the International Labor Organization\u27s Convention on Indigenous and Tribal Peoples, the Declaration of Principles for the Defense of Indigenous Nations and Peoples in the Western Hemisphere and the Indigenous Peoples Water Declaration. This Article examines five case studies of how indigenous communities have attempted to use domestic and international law to ensure that there is adequate flowing water to sustain the fisheries upon which their tribal cultures depend. Three of these case studies come from the United States the Columbia River Basin in the Pacific Northwest, the Nooksack River in Washington, and Stanshaw Creek in California and the other two case studies come from the Saru River in Japan and the Whanganui River in New Zealand. Collectively, these case studies reveal that efforts to maintain instream flow are not only about preserving fish stocks and riverine ecosystems but can also be about preserving cultures
The Time Is Overdue to Fix the Judicial Confirmation Process
Get PDFPolitics must not drive the decisions by those who serve as gatekeepers to justice for survivors of sexual violence. The #MeToo Movement has thoroughly exposed the many myths surrounding sexual violence, but as Professor Hill pointed out, many gatekeepers have yet to “get it.
Holistic Public Safety: Prosecutor-Led Reform through AB 1308
Get PDFProsecutors can promote safety in communities by approaching public safety holistically and by participating in legislative efforts to reform criminal justice. Some prosecutors in California did just that in 2021
Do Welfare Benefits Stifle the Resolve of Recipients to be Economically Self-Reliant?
Get PDFThis study investigated chronic welfare dependency in Springfield Illinois whether it is a willful act or welfare recipients are inured to it because of uncontrollable circumstances that restrain their efforts to exit the welfare program and how to reduce the burden of this dependency to acceptable levels. The theory of change and assumptions were that IF State of Illinois welfare providers educate prospective recipients on the implications of welfare dependency, invest/budget in more preventive programs, and establish partnerships with welfare-to-work nonprofit organizations, THEN the number of persons who depend on welfare in Springfield, Illinois will be reduced. Previous studies on this topic presented ambivalent views. Some studies concluded that welfare dependency is behavioral and that dependents find in welfare programs a comfortable place to ensconce themselves from hard work. Other studies also found out that welfare recipients are willing and fighting to exit welfare programs against the grain of socio-economic and political factors that stifle their efforts. To affirm, deny or establish a new paradigm of truth, concerning if welfare benefits stifle the resolve of recipients to be economically self-reliant, this research conducted a survey by convenience sampling among residents in Springfield Illinois to collect data. Interviews were also conducted with administrators of welfare to work programs. This study found out that dependents are willing to exit the welfare program if they are given the right training and support and if hostile socio-economic barriers are also reformed. The theory of change for the study was validated. To reduce the burden of welfare dependency, this study recommended that education on welfare must start with children and the unfavorable economic policies must also be reformed
Military Housing Privatization Initiative: Case Study of Naval Air Station Lemoore, California
Get PDFThe Military Housing Privatization Initiative was signed into law in 1996 as a way for the military to improve the quality of its military family housing. The military considers of family housing a Quality of Life issue that affects military members\u27 operational readiness (CRS, 2001). However, little information concerning service members\u27 experiences living in privatized family housing was published before 2018. The Department of Defense relied on satisfaction rates supplied to them from the privatized housing companies. How this information was collected and what it meant to the service members residing in privatized housing remained unclear. This paper researched what procedures the U.S. Navy could implement to improve the quality of military housing. The areas studied were increased oversight of maintenance issues by Base Commanders, base housing officials advocating on behalf of the service members, withholding rental payments, and tracking maintenance issues by the base housing office. Secondary data was used to research service members\u27 experiences with privatized housing from 1996 to the present. This study collected primary data through a survey of residents living in privatized housing at NAS Lemoore. Analyzing the data showed whether new procedures need to be implemented to increase service members\u27 satisfaction with privatized housing. The quantitative and qualitative data showed that increased engagement and oversight by military officials are required to improve the quality of military housing, validating the assumptions of this study. The impact of this study could inform military and government officials at Naval Installations of practical procedures that they could implement to improve the quality of privatized housing
COVID-19 Impact on the Effectiveness of Medi-Cal & Food Stamps Delivery in the City & County of San Francisco
Get PDFOn March 11th, 2020, World Health Organization declared the coronavirus (Covid-19) a pandemic. The impact of the coronavirus pandemic has forced the United States economy to shut down and has led to an unprecedented number of Americans unemployed and looking for help. This paper discusses the delivery of welfare programs, Medi-Cal and Food Stamps to its delivery to their recipients and how it is ineffective because of procedures and systems used by the City and County of San Francisco (CCSF). This ineffective system of multiple websites logins and an outdated Microsoft Disk Operating system (MS-DOS) system leads to employee high stress and a delay of benefits to the recipients. The City of County San Francisco’s agency procedural websites and programs are outdated and in need of updating to a secure, one-click user-friendly dashboard displaying all information needed to determine eligibility. The City and County of San Francisco employees and welfare recipients have been surveyed, and their results have been analyzed