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2019 Annual Report for Digital Commons: The Legal Scholarship Repository @ Golden Gate University School of Law
Unconstitutionally Redefining Murder: CA Legislature takes a significant overstep with S.B. 1437
Senate Bill 1437 (“S.B. 1437”), effective January 1, 2019, substantially changed the law relating to accomplice liability under the felony murder rule (the “FMR”) and the doctrine of natural and probable consequences. State prosecutors have challenged S.B. 1437 as an unconstitutional amendment of Propositions 7 and 115, and as a violation of the separation of powers. Polarized rulings from the state’s trial courts suggest a dispositive California Supreme Court decision is forthcoming to address the divide. Social policy considerations weigh heavily on the controversial issues engendered by this bill and will likely influence adjudication of the legislature’s authority to enact S.B. 1437, and the constitutionality of the substantive changes made to accomplice liability under the FMR. For the reasons presented in this article, opponents of the bill present a more compelling argument for the bill’s unconstitutionality
CERCLA Cleanup 2019.09.06 Comment on Navy FYR Addendum on Soil
September 6, 2019 letter to Derek J. Robinson, Navy BRAC Environmental Coordinator, providing comments from Greenaction regarding Navy\u27 s Draft Addendum to Five-Year Review (Evaluation of Radiological Remedial Goals for Soil, Hunters Point Naval Shipyard). (25 pages
California Department of Public Health: Petition CDPH Response
July 31, 2019 letter from Gonzalo Perez, Environmental Program Manager at the Radiological Health Branch of the CA Department of Public Health, responding to Greenaction’s July 23 inquiry, noting that CDPH is tracking the NRC and other proceedings related to Tetra Tech’s fraud, and that Tetra Tech\u27s last radiological work in California pre-dated Greenaction’s challenge
CERCLA Cleanup 2019.10.14 Letter to EPA re concurrence with FYR protectiveness
October 14, 2019 letter to Angeles Herrera, EPA Region 9, Assistant Director, Superfund Division, Federal Facilities and Site Cleanup Branch, commenting that the Navy\u27s protectiveness determinations are inconsistent with EPA\u27s guidance and unsupported by the facts. (32 pages
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Examining Services for Victims of Forced Child Marriage in the Bay Area
Forced marriage is clearly defined as a “human rights abuse” by the U.S. Department of State and as a crime by California state statutes. However, the practice of forced marriage is not very well understood and is generally not considered to be an issue that exists in the United States. This lack of recognition creates barriers to identify and respond to victims of this abuse. Victims of forced child marriage remain an underserved and largely unidentified population in California and across the United States. The problem is further exacerbated when a victim is a minor forced into marriage. This research proposal will examine the need to take an in depth look at the role and response of domestic abuse shelters and local law enforcement agencies to victims of forced child marriage. Identifying gaps in service for victims of forced child marriage is imperative to better serve this population. Focused research could help law enforcement, domestic violence shelters, social workers, educators, and medical professionals to better understand this specialized area of domestic abuse and offer solutions to victims of forced child marriage