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Children In Foster Care: The Odds Are Against Them
Get PDFMost child welfare reports that lead to removal of children from their homes are filed for neglect rather than abuse. Often, their parents want to take care of them, but are failing for one reason, or for many. Nonetheless, the lion’s share of the $30 billion annual budget of state and federal child welfare funding goes overwhelmingly to foster care and adoption services which remove the children from their parents, instead of to helping those families care for their own children. THE
FEDERALISM AND WATER: THE CALIFORNIA EXPERIENCE
Get PDFThe struggle between California’s water plentiful north and the water deficient south has marked water conflict in the state for the last century. This struggle has played out in repeated disputes over the operation of the federal Central Valley Project (“CVP”) and the California State Water Project (“SWP”), the two inter-basin water conveyance facilities that deliver water through-out the state. Commencing in the 1920’s and 30’s with the enactment of California’s area of origin statutes and extending in more recent times to federal and state environmental laws, a complex set of legal requirements constrain the CVP and the SWP’s ability to deliver water to the projects’ agricultural and municipal users.
Doubts about the efficacy of these requirements to achieve their goals have been long-standing. Former California state senator Peter Behr’s remark that “[y]ou can’t contain a thirsty beast in a paper cage” reflects the skepticism held by many that the rule of law cannot effectively constrain project operations in a water-short state such as California.
This article will address one sub-set of these legal requirements: the historic requirement that federal reclamation projects such as the CVP defer to state law relating to the control, appropriation, use, or distribution of water as set forth in section 8 of the federal Reclamation Act of 1902. This article will discuss: (1) the origin of the federal reclamation law principle of deference to state water law and its inclusion in the Reclamation Act of 1902, (2) the application of the deference principle in California to the CVP, (3) the rise of federal and state endangered species laws as constraints on the CVP and SWP’s use of water, and (4) the implications of the deference principle as to the question of whether California’s endangered species law applies to the CVP
The Lack of Childcare and its Impact in America
Get PDFChild care is expensive. The average cost of child care in the United States can range from 9- 36% of a family’s income, depending on where they live. We are the only industrialized country that does not offer some kind paid family leave. For one of the richest countries in the world, child poverty rates have remained increasingly high in America. The lack of affordable child care has become a national crisis, with daycare costing more than in-state university tuition in half of the country.
Lowering costs and providing better access to high quality childcare can significantly increase parents’ employment rates and incomes. In turn, the increase in income has the potential to improve children’s outcomes as well in terms of more educational opportunities later in life. A typical family paying for child care spends about 10% of their income but the challenge is especially acute for low-income families and single parents. In some states, a minimum wage worker simply would need to work more weeks than exist in a year to afford an average-priced day care. Quality child care is expensive and in many states it can cost more than college tuition. In California, the cost of a typical day-care center is now equal to almost half of the median income of a single parent
Military Retirement Pay Tax Exemption in the State of California
Get PDFAccording to the Defense Manpower Data Center in the U.S. Department of Defense, there are 154,738 military retirees domiciled in California (U.S. Department of Defense, 2018, p. 6). Studies have determined that states with a high cost of living and limited opportunity are experiencing a negative migration as observed in California (Anderson, 2020, p. 6). It is important to consider alternative solutions to pursue sustainable economic growth in California. Like all veterans, military retirees represent a diverse population of skilled, proven, and experienced leaders. This research analyzes both academic and government literature sources, surveys from California residents, and key informant interviews of experts and stakeholders. Research of primary and secondary data may help elucidate possible policy change to the personal income tax law. The potential effect of this research may provide clarity if military retirement pay tax exemption will benefit all California residents
The 11th Annual Chief Justice Ronald M. George Distinguished Lecture Series
Get PDFTo celebrate the GGU Law Review’s 50th Anniversary milestone, the event featured a discussion with GGU Law alumna, the Honorable Morgan Brenda Christen (JD ‘86), Judge at the United States Court of Appeals for the Ninth Circuit. If you were unable to make this year’s Distinguished Lecture, below is just a snapshot of what you missed
The 2020-21 Budget: Climate Change Proposals
Get PDFIn this report, we assess the Governor’s major 2020-21 budget proposals related to climate change. The four proposals we evaluate are:
• Cap-and-Trade Expenditure Plan (965 million (Greenhouse Gas Reduction Fund [GGRF]) discretionary cap-and-trade expenditure plan. Funding would mostly go to a variety of existing environmental programs, including programs related to low carbon transportation, local air quality improvements, and forestry.
• Expanded Climate Adaptation Research and Technical Assistance (25 million (GGRF) ongoing for several new and expanded climate adaptation research and technical assistance activities.
• New Climate Catalyst Loan Fund (250 million (General Fund) in 2020-21 and an additional 4.8 Billion). The Governor proposes a $4.75 billion general obligation bond for the November 2020 ballot that would fund various projects intended to reduce the impacts of climate change. Approximately 80 percent of the funds would address near-term risks—such as floods, drought, and wildfires—with the remainder to address the longer-term risks of sea level rise and extreme heat
Appellants\u27 Opening Brief
Get PDFELJC Students and Professors File an Appellate Brief Arguing that Claims for Declaratory and Mandate Relief Should Be Actionable for the Water Board’s Abdication of Duty
On August 14, 2020, the Clinic filed a brief with the Third Appellate District in the Court of Appeal in the State of California, arguing that claims alleging that the State water board violated its own regulations in issuing permits governing are actionable under state law. These permits govern more than a million acres of cropland. On behalf of a diverse coalition of clients, the Clinic documents in the brief that polluted runoff from irrigated agricultural operations harms human and ecological health in the Central Valley and Central Coast regions. The water in these regions is so polluted that some communities are under “do not drink” orders – that is, residents must purchase water for domestic uses. The brief the Clinic filed was primarily researched and drafted by GGU law students, Susann Bradford, Tanner Wright, and Brea Violette. The clients are Monterey Coastkeeper, a program of The Otter Project, California Sportsfishing Protection Alliance, Environmental Justice Coalition for Water, Pacific Coast Federation of Fisherman’s Associations, Institute for Fisheries Resources, California Coastkeeper Alliance, Santa Barbara Channelkeeper, Orange County Coastkeeper, and Inland Empire Waterkeeper