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Integrating Evidence-Based Practices into Judicial Sentencing in the Wake of Realignment’s Split Sentencing
Get PDFPart I of this comment discusses the Supreme Court cases that led to the passage of the Realignment Act, along with a review of some of the major reform changes. Part I also highlights the gaps in creating a fair and consistent process across counties for managing the effects of Realignment. Part II discusses split sentencing and some of the issues it was designed to address as well as investigating how judges have reacted to and used split sentencing. Part III introduces the RNR (Risk Needs Responsivity) model of risk assessments and argues why it should be a mandatory aspect in split sentencing procedures. Part IV shows how recidivism and incarceration rates have changed in San Francisco County as a result of incorporating RNR assessments into judicial split sentencing decisions
Taking a Breath: Lessons For the Port of Oakland From the Clean Trucks Program At the Ports of Los Angeles and Long Beach
Get PDFThis article first discusses and explains the laws that govern air quality at the major California ports. Then, it explores the Clean Truck Program (CTP) implemented by the ports of Los Angeles and Long Beach to improve port-related air quality and address public health issues in low-income areas caused by drayage trucks emissions. Next, it discusses a comparison of truck air pollution regulations at the ports of Los Angeles, Long Beach, and Oakland. Finally, this article argues that it is necessary for the port of Oakland to adopt measures used by the ports of Los Angeles and Long Beach to improve air quality in the neighborhood
Second Amendment Challenges: What Level of Constitutional Scrutiny Applies?
Get PDFProponents of the Second Amendment stand firm in their belief that there should be little to no restrictions on a person’s ability to obtain and maintain ownership of a gun. Others believe there should be some limitations on the right to “keep and bear arms.” In District of Columbia v. Heller, the Supreme Court upheld a person’s individual right to bear arms for lawful purposes. In Heller, the Court also refused to apply rational basis review to challenges of laws that impact a person’s enumerated rights such as the guarantee against double jeopardy, right to counsel and right to bear arms
More Housing Near Public Transit: Relocating the Bay Area’s Poor
Get PDFHousing discrepancy, coupled with an environmental push set in place a decade ago to reduce car-based greenhouse gas emissions, propelled a housing and public transportation bill. Senator Scott Weiner, along with Senator Nancy Skinner and Assembly Member Phil Ting, created Senate Bill 827 (“Bill”). The Bill proposes building denser housing near public transportation, thereby allowing more people to live close to their jobs. The Bill was introduced in January 2018 and sparked feverous debate over California housing. It was amended two times—once in March 2018 and once in April 2018. Two weeks after its April amendment, in a lively senate hearing, the Bill was struck down. It is currently set for reconsideration on April 25, 2018. While the Bill died in its first hearing, and may die again during reconsideration, it has already succeeded in generating discussion and putting forth serious proposals for how to solve the housing crisis.
This paper will explore how the Bill used existing transit to dictate development requirements and what provisions of the Bill protect low-income people, specifically Ellis Act evictions, inclusionary housing requirements and relocation costs. This paper will also suggest what a more successful bill could look like, focusing on a larger percentage of a developer’s bonus going to the public, a larger apportionment of low-income and multi-family homes, and making better use of suburban transit parking lots
Playing Favorites? Implicit Bias on the Bench
Get PDFThe concept of implicit bias has moved to the forefront of public discussion in the last decade, and many judges have already been trained on this issue. But it is worth considering how a specific type of implicit bias, in-group favoritism, may affect a judge’s everyday decisions
The Prestigious McCarthy Institute Moves to Golden Gate University
Get PDFPress release:
Starting in August 2018, the McCarthy Institute, the world’s preeminent trademark, consumer behavior, and branding institute, will be located jointly in the law and business schools at Golden Gate University in downtown San Francisco
A Brief History of Anglo-Western Suicide: From Legal Wrong to Civil Right
Get PDFThis article will examine the history of suicide from antiquity, where certain types of self-killing were socially acceptable, to its evolution as a criminal wrong and its modern reincarnation as a moral and legal right. In the early Common Era, suicide was not a criminal wrong, but with the spread of Christianity, suicide became illegal. In the present day, a growing minority of states have legalized some forms of suicide or self-killing. In 2018, six states and the District of Columbia had legalized some form of physician-assisted suicide: California, Colorado, District of Columbia, Montana, Oregon, Vermont, and Washington. Twenty-three states are considering some type of death with dignity legislation in their 2018 session.
The rise of an individual\u27s right to die has been concurrent with the rise and recognition of individual civil rights in the twentieth century, and more specifically an individual\u27s right of privacy without state intervention. Part One explores the Anglo- Western historical treatment of suicide including its religious, legal, and social implications. Part Two focuses on the early American treatment of suicide. Part Three addresses the eugenic underpinnings of the early euthanasia movement and its legal transformation post-World War II as an individual right. Part Four concludes that the legalization of suicide is inevitable within a society which values individual autonomy and self-determination
California Department of Public Health Petition to Revoke Tetra Tech\u27s State Radiological License
Get PDFJuly 26, 2018 petition to the California Department of Public Health to revoke Tetra Tech’s state radiological materials license, based on the same evidence submitted to the U.S. Nuclear Regulatory Commission in the petition to revoke Tetra Tech’s federal license and subsequent supplements to the original Petition (June 28, 2017) and supplements to the Petition
Changes to Recruitment and Retention Strategies for the Construction Industry in the Bay Area – A Case Study
Get PDFSince 2011, the San Francisco bay area has experienced an increasing shortage of construction and trade industry workers including the project managers, superintendents, sales and general management professionals. Major construction subcontractors, such as the ARC Lift Company, are a faced with a high cost of living, competition with the technology companies and more desirable job preferences by the tech firms that make it a challenge to recruit and retain employees. The research will evaluate what changes in recruitment and retention strategies would be required in order to ensure qualified staffing based on those aforementioned challenges.
A review of relevant literature has found that the Bay Area is one of the most costly areas to live and can have a greater negative impact to non-technology firms than technology firms. In addition, the literature also examines how generational attributes can help shape organization attractiveness through the use of work life benefit analysis. The research will be conducted with a mixed method approach utilizing both qualitative and quantitative information gathering approaches such as interviews, focus groups and surveys. The results of this study can provide better insight on recruitment and retention strategies that need to be updated or changed for both public and private industry in the Bay Area in order sustain their businesses or operations
Strategies to Improve the City and County of San Francisco’s Work Participation Rate
Get PDFIn 2005 the Deficit Reduction Act, (DRA) enforced the program performance measure work participation rate, (WPR). This required 50 percent of all adults and 90 percent of two-parent households to participate in approved welfare-to-work activities. The City and County of San Francisco’s Welfare to Work, (WTW) program failed to meet this mandated benchmark since 2007 and as a result is facing block grant penalty reductions from the Federal government. A review of relevant literature regarding strategies successful counties have implemented and data collected from key informants and WTW case mangers was conducted for this study. The result of analyzing this information reveals strategies the City and County of San Francisco’s Welfare to Work program can employ to increase their work participation rate to avoid further grant penalties