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Law Enforcement Assisted Diversion: A New Way of Addressing Drug Offenders in Multnomah County, Oregon
Get PDFStrict sentencing laws and zero tolerance policies born out of the War on Drugs has made it so the United States has the largest population of incarcerated individuals in the world. Communities have tried to address these large inmate populations by targeting the main contributor, low-level drug offenders, and instituting drug court programs that administer treatment, case management, and provide access to social services. If the offender complies with most if not all components of the drug court program, the offender can avoid serious jail time and will hopefully be less likely to offend in the future. Multnomah County’s newly adopted Law Enforcement Assisted Diversion (LEAD) program is taking the drug court model a step further. LEAD is a pre-booking diversion program that is designed to divert offenders, or those likely to offend, before the filing of criminal charges. By reviewing the history of the War on Drugs, its contributions to mass incarceration, and how the impacts of both have driven the impetus for drug court programs, this study aims to determine if the LEAD court model is a viable option for the handling of drug offenders outside of the criminal justice system. The main components of this study’s research involve key informant interviews from LEAD stakeholders and a community survey, with other secondary and primary data sources to give a well-rounded view of the program and its current success or failures
A Job for Congress: Medical Marijuana Patients’ Fight for Second Amendment Rights
Get PDFThis Note begins with Part I section (A), describing the administrative rule and factual background, leading up to the suit in Wilson v. Lynch. Part I section (B) explains the arguments made at the U.S. District Court in Nevada and how the case progressed from the district court to the Ninth Circuit Court of Appeals. Then, Part I section (C) analyzes the Ninth Circuit’s application of the two-step test for Second Amendment challenges established in Chovan.
After evaluating the application of the two-step test in Wilson v. Lynch, Part II section (A) reviews the history of cannabis and medical marijuana regulations in the United States. Part II section (B) briefly covers firearms regulations in the U.S. and the seminal Second Amendment case, District of Columbia v. Heller, which provides the foundation for the argument that medical marijuana patients should be granted an exemption under federal firearms laws. Part III discusses the Supremacy Clause and the difficulty this clause causes for medical marijuana patients hoping to have their Second Amendment rights maintained by the courts.
Part IV section (A) discusses a model rider amendment upheld in U.S. v McIntosh, upon which a proposed amendment is grounded. Part IV section (B) states this Note’s proposed rider appropriation amendment, the arguments that should be used in support of the amendment, and rebuttals to previous arguments made against the amendment in McIntosh. Part IV section (C) concludes this Note with a discussion of the loopholes available to medical marijuana patients to obtain firearms despite the decision in Wilson
California Needs an Environmental Lawyer Like Him
Get PDFInterview of Darryl Gruen by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Jan. 19, 2018). This article represents the commentary of Darryl Gruen and does not necessarily represent opinions of the California Public Utilities Commission
Low-Wage Workers Will Be Directly Impacted by the California Supreme Court’s Decision in Troester v. Starbucks Inc.
Get PDFThe Women’s Employment Rights Clinic at Golden Gate University School of Law filed an amicus brief on behalf of low-wage worker advocates, urging the Court to follow its own precedent and the clear statutory requirements in California that workers must be paid for all hours worked
Cherishing the Coast: California Goes Long
Get PDFThis article focuses on the California Coastal Conservancy. It explores the Conservancy’s uniquely proactive approach to coastal zone management through both oral history (collected via telephone interviews) and literature research. In general, being proactive has involved the Conservancy in activities such as identifying coastal areas or wildlife habitats in need of protection; developing plans and priorities for acquisition or restoration; assembling and supporting local stewards and partners; leading and shepherding collaborative projects to fruition; and often providing significant funding
Training Course on the GREENING of WATER LAW: Implementing Environment-friendly Principles in Contemporary Water Treaties and Laws
Get PDFThis class focuses on how international water law principles relate to the construction and operations of on-stream dams. Within this general focus, the following more specific topics are reviewed: (1) upstream/downstream nation rights and obligations relating to the impoundment and release of water from on-stream dams; (2) effect of on-stream dams on fisheries/aquatic habitat and fishers; (3) international environmental impact assessment obligations relating to the construction and operation of on-stream dams; (4) relation of hydro-electric dams to efforts to reduce greenhouse gas emissions associated with energy production
The California Consumer Privacy Act of 2018: Are your interests at stake?
Get PDFCalifornia residents and those who do business in California are advised to stay abreast of the California Consumer Privacy Act, as there may be major textual revisions – or Federal pre-emption – before the act goes into effect on January 1, 2020
Childhood Obesity and Positive Obligations: A Child Rights-Based Approach
Get PDFChildhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent and combat child obesity under international human rights law.
This Article seeks to remedy such gap in the current research by discussing a comprehensive child rights-based approach that imposes positive obligations on States to prevent childhood obesity through the realization of children\u27s rights to adequate food, health, and participation. This Article begins by exploring the causes of childhood obesity focusing on the multiple factors that influence weight, food preferences, and eating patterns in children. The Article proceeds by examining the international human rights law framework for States\u27 positive obligations to fight obesity among children. It also discusses the child obesity-specific recommendations issued by the United Nations Committee on the Rights of the Child, the United Nations High Commissioner on Human Rights, the Special Rapporteur on the Right to Food, the Special Rapporteur on the Right to Health, and finally, the Special Rapporteur in the Field of Cultural Rights who have further clarified the States\u27 central role and responsibilities in the development and implementation of effective measures and strategies for child obesity prevention. The Article concludes that the right of children to participate in the decision-making processes related to their nutrition and health in accordance to the principles of the Convention of the Rights of the Child must also be at the core of governments\u27 obligations to ensure the full realization of children\u27s rights to adequate food and to health and the adoption of more effective solutions
Rivers That Depend on Aquifers: Drafting GMA Groundwater Plans with Fisheries in Mind
Get PDFThis guidebook covers the requirements of California’s Sustainable Groundwater Management Act (SGMA) that apply to interconnected groundwater and surface water and the impacts of groundwater pumping on fisheries.
This handbook is also available at: https://ggucuel.org/