Category Archives: California Law

California News: Do Californians want to legalize Marijuana?

Even those who support the already legal industry in its current incarnation, may not support Prop 19.

As if the law as it stands were not confusing enough since it contradicts Federal law, which as we know trumps State law, the culture, in places like Humbolt County makes  it challenging to obey the law. Amy Steward explains in the New York Times Article Leaves of Grass, the difficulty she had returning “eight ounces of premium bud” to the local police.

 

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MCLE: People’s Money (Ethics credit)

As previously announced, the TJSL Library now has a collection of MCLE materials available for checkout by all TJSL Alumni.  Stop by the Library and take advantage of this opportunity for free MCLE credits! Here’s just one of our new MCLE holdings:

People’s Money

Learn the perils of the use and abuse of client funds. What funds should be deposited into a client trust account and what funds should not be? When should money stay in a client trust account, and when should it be withdrawn? This program includes practical suggestions on proper trust accounting, including compliance with record-keeping standards.

Shawn M. Harpen, Esq., Irvine
Edward J. McIntyre, Esq., San Diego
Dianne Jackson McLean, Esq., Oakland

1.5 Hours MCLE Credit Legal Ethics

MCLE: California Criminal Sentencing Laws

As previously announced, the TJSL Library now has a collection of MCLE materials available for checkout by all TJSL Alumni.  Stop by the Library and take advantage of this opportunity for free MCLE credits! Here’s just one of our new MCLE holdings:

California Criminal Sentencing Laws

Prosecutors, judges and criminal defense attorneys must accurately calculate and advise defendants on possible sentencing consequences of a plea to criminal charges. This Panel will navigate the California determinate and indeterminate sentencing laws. Recorded September 2009.

Michael Begovich, Esq., San Diego
Peter E. Flores, Jr., Esq., San Francisco
Judge Philip H. Pennypacker, San Jose

1.5 MCLE Credits Legal Specialization;
1.5 MCLE Credits Criminal Law (Good through 9/9/10)

California MCLE Collection for TJSL Alumni

The Library is now offering a small targeted collection of State Bar of California approved Mandatory Continuing Legal Education (MCLE) course materials for use by our practicing attorney alumni and interested students. The collection is located in the Library Lobby on the column next to the 1st floor ThomCat online catalog terminal near the Reference Librarian’s Office.

The State Bar of California is the largest State Bar in the nation and its membership includes some of the most well known lawyers in the world. California is also home to some of the world’s largest law firms and corporate legal departments. The State Bar of California has a long and distinguished history of mandating and developing high quality continuing legal education for its members and the attorney population at large.

California attorneys must fulfill 25 hours of Mandatory Continuing Legal Education (MCLE) in each three year reporting cycle, including four (4) hours of Ethics training, one (1) hour of Detection/Prevention of Substance Abuse training, and one (1) hour of Elimination of Bias in the Legal Profession training. Up to 12.5 hours may be “self-study” with the remaining 12.5 hours (minimum) being a “participatory” education activity where the course provider verifies the attorney’s participation in accordance with the State Bar of California Rules.

Library Highlights: GLBT Rights

California Supreme Court Oral Arguments: Proposition 8 Same-Sex Marriage March 5, 2009. California. Supreme Court
VIDEO KFC129 .C257 2009
From the Publisher: The California Supreme Court heard oral arguments on Thursday, March 5, 2009, in three cases challenging the constitutionality of Proposition 8 (Ban on Same Sex Marriage) , a statewide ballot initiative that was passed by a majority of California voters in November 2008.

When Gay People get Married: What Happens when Societies Legalize Same-Sex Marriage
M.V. Lee Badgett
K699 .B33 2009
From the Publisher: […] In order to find out the impact of same-sex marriage, M. V. Lee Badgett traveled to a land where it has been legal for same-sex couples to marry since 2001: the Netherlands. Badgett interviews gay couples to find out how this step has affected their lives. We learn about the often surprising changes to their relationships, the reactions of their families, and work  colleagues. Moreover, Badgett is interested in the ways that the institution itself has been altered for the larger society. How has the concept of marriage changed? When Gay People Get Married gives readers a primer on the current state of the same-sex marriage debate, and a new way of framing the issue that provides valuable new insights into the political, social, and personal stakes involved.

The experiences of other countries and these pioneering American states serve as a crystal ball as we grapple with this polarizing issue in the American context. The evidence shows both that marriage changes gay people more than gay people change marriage, and that it is the most liberal countries and states making the first move to recognize gay couples. In the end, Badgett compellingly shows that allowing gay couples to marry does not destroy the institution of marriage and that many gay couples do benefit, in expected as well as surprising ways, from the legal, social, and political rights that the institution offers.

Constitutional Rights, Moral Controversy, and the Supreme Court
Michael J. Perry
KF8748 .P39 2009
From the Publisher: In this important new book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: (1) Is the challenged law unconstitutional? (2) Is the lawmakers’ judgment that the challenged law is constitutional a reasonable judgment? (One can answer both questions in the affirmative.) By focusing on the death penalty, abortion, and same-sex unions, Perry provides illuminating new perspectives not only on moral controversies that implicate one or more constitutionally entrenched human rights, but also on the fundamental question of the Supreme Court’s proper role in adjudicating such controversies.

Queer Mobilizations: LGBT Activists Confront the Law
edited by Scott Barclay, Mary Bernstein, and Anna-Maria Marshall
KF4754.5 .Q84 2009
From the Publisher: Fighting for marriage and family rights; protection from discrimination in employment, education, and housing; criminal law reform; economic justice; and health care reform: the LGBT movement is engaged in some of the most important cultural and political battles of our times. Seeking to reshape many of our basic social institutions, the LBGT movement’s legal, political, and cultural campaigns reflect the complex visions, strategies, and rhetoric of the individuals and groups knocking at the law’s door. The original essays in this volume bring social movement scholarship and legal analysis together, enriching our understanding of social movements, LGBT politics and organizing, legal studies, and public policy. Moreover, they highlight the struggle to make the law relevant and responsive to the LGBT community. Ultimately, Queer Mobilizations examines how the LGBT movement’s engagement with the law shapes the very meanings of sexuality, sex, gender, privacy, discrimination, and family in law and society.

Courting Change: Queer Parents, Judges, and the Transformation of American Family Law
Kimberly D. Richman
KF540 .R53 2009
From the Publisher: A lesbian couple rears a child together and, after the biological mother dies, the surviving partner loses custody to the child’s estranged biological father. Four days later, in a different court, judges rule on the side of the partner, because they feel the child relied on the woman as a psychological parent. What accounts for this inconsistency regarding gay and lesbian adoption and custody cases, and why has family law failed to address them in a comprehensive manner? In Courting Change, Kimberly D. Richman zeros in on the nebulous realm of family law, one of the most indeterminate and discretionary areas of American law. She focuses on judicial decisions—both the outcomes and the rationales—and what they say about family, rights, sexual orientation, and who qualifies as a parent. Richman challenges prevailing notions that gay and lesbian parents and families are hurt by laws’ indeterminacy, arguing that, because family law is so loosely defined, it allows for the flexibility needed to respond to — and even facilitate — changes in how we conceive of family, parenting, and the role of sexual orientation in family law.

Drawing on every recorded judicial decision in gay and lesbian adoption and custody cases over the last fifty years, and on interviews with parents, lawyers, and judges, Richman demonstrates how parental and sexual identities are formed and interpreted.

Same-Sex Marriage and Religious Liberty: Emerging Conflicts
edited by Douglas Laycock, Anthony R. Picarello, Jr., and Robin Fretwell Wilson
BL462 .S36 2008
From the Publisher: [This title] explores two principal questions. First, exactly what kind of religious freedom conflicts are likely to emerge if society embraces same-sex marriage? A redefinition of marriage would impact a host of laws where marital status affects legal rights—in housing, employment, healthcare, education, public accommodations, and property, in addition to family law. These laws, in turn, regulate a host of religious institutions—schools, hospitals, and social service providers, to name a few—that often embrace a different definition of marriage. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? If the disputes spark litigation under the Free Speech, Free Exercise, or Establishment Clauses of the First Amendment, who will prevail and why? When, if ever, should claims of religious liberty prevail over claims of sexual liberty? Drawing on experience in analogous areas of law, the volume explores whether it is possible to avoid these constitutional conflicts by statutory accommodation, or by separating religious marriage from civil marriage.

Law & Social Justice — Recent Acquisitions

Arbitration and Mediation in the ACP-EU Relations
edited by Association for International Arbitration
KJE6433 .A92 2008
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Before Earth Day: The Origins of American Environmental Law, 1945-1970
Karl Boyd Brooks
KF3775 .B727 2009 (New Book Shelf)
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Biotechnology & Nanotechnology: Regulation Under Environmental, Health, and Safety Laws
B. David Naidu
K3925.B56 N35 2009
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California School Law
Frank Kemerer and Peter Sansom
KFC648 .K45 2009
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Conquest: Sexual Violence and American Indian Genocide
Andrea Smith
E98.W8 S62 2005
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A Constitution of Many Minds: Why the Founding Document Doesn’t mean what it Meant Before
Cass R. Sunstein
KF4552 .S86 2009 (New Book Shelf)
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Constitutional Law for a Changing America: a Short Course
Lee Epstein, Thomas G. Walker
KF4749 .E668 2009 (New Book Shelf)
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Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee
Alex Conte and Richard Burchill
K3241 .C66 2009
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Environmental Justice: Legal Theory and Practice
Barry E. Hill
KF3775 .H55 2009 (New Book Shelf)
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FDR v. The Constitution: the Court-packing Fight and the Triumph of Democracy
Burt Solomon
KF8742 .S585 2009 (New Book Shelf)
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The First Amendment, Freedom of Speech: Its Constitutional History and the Contemporary Debate
edited by Vikram David Amar
KF4772 .F5675 2009
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Genocide in International Law: The Crime of Crimes
William A. Schabas
K5302 .S32 2009
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Global Perspectives on Constitutional Law
edited by Vikram David Amar, Mark V. Tushnet
KF4550 .G58 2009 (New Book Shelf)
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Human Rights and Corporations
edited by David Kinley
K3240 .H8483 2009
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The Impact of Behavioral Sciences on Criminal Law
edited by Nita A. Farahany
K5028.5 .I47 2009
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International Trade and Health Protection: a Critical Assessment of the WTO’s SPS Agreement
Tracey Epps
K3631 .E67 2008
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Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy into Focus
Stephen F. Befort and John W. Budd
KF3319 .B44 2009
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Law, Mind and Brain
edited by Michael Freeman and Oliver R. Goodenough
K346 .L394 2009 (New Book Shelf)
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A Life and Death Decision: a Jury Weighs the Death Penalty
Scott E. Sundby
KF9680 .S86 2005
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Managing White Collar Legal Issues: Leading Lawyers on Key Defense Strategies, Responses for Civil and Criminal Investigations, and Recent Enforcement Trends
KF9350 .M369 2008
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Navigating Green Construction and Energy Initiatives: Government Officials on Responding to LEED Standards, Promoting Sustainable Building Practices, and Improving Energy Efficiency
K3585 .N384 2009
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New Institutions for Human Rights Protection
edited by Kevin Boyle
K3240 .N495 2009
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Our Promise: Achieving Educational Equality for America’s Children: Selected Essays and Articles
edited by Maurice R. Dyson, Daniel B. Weddle
LC213.2 .O88 2009
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Ourselves and Our Posterity: Essays in Constitutional Originalism
edited and introduced by Bradley C.S. Watson
KF4552 .O97 2009
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The Oxford Guide to United States Supreme Court Decisions
edited by Kermit L. Hall, James W. Ely, Jr.
KF4548.5 .O97 2009
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The Privilege of Silence: Fifth Amendment Protections Against Self- incrimination
Steven M. Salky
KF9668 .S25 2009
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A Responsibility to Assist: EU Policy and Practice in Crisis-management Operations under European Security and Defense Policy: a COST report
edited by Tom Hadden
KJE5105 .R47 2009 (New Book Shelf)
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Sharing our Stories of Survival: Native Women Surviving Violence
edited by Sarah Deer … [et al.]
E98.W8 S43 2008
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The Status of Women under Islamic Law and Modern Islamic Legislation
Jamal J.A. Nasir
KBP526.32.N37 A37 2009
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Synergies in Minority Protection: European and International Law Perspectives
edited by Kristin Henrard and Robert Dunbar
K3242 .S965 2008
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Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit
Martin H. Redish
KF8896 .R438 2009
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Working with Government Agencies in Climate Change Law: Leading Lawyers on Communicating with Government Officials, Understanding Legal Challenges, and Navigating Recent and Upcoming Climate Change Regulations
QC903 .W679 2009
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Arbitration and Mediation in the ACP-EU Relations
edited by Association for International Arbitration
KJE6433 .A92 2008
Find this book in ThomCat
More about this title from Amazon.com

Before Earth Day: The Origins of American Environmental Law, 1945-1970
Karl Boyd Brooks
KF3775 .B727 2009 (New Book Shelf)
Find this book in ThomCat
More about this title from Amazon.com

Biotechnology & Nanotechnology: Regulation Under Environmental, Health, and Safety Laws
B. David Naidu
K3925.B56 N35 2009
Find this book in ThomCat
More about this title from Amazon.com

California School Law
Frank Kemerer and Peter Sansom
KFC648 .K45 2009
Find this book in ThomCat
More about this title from Amazon.com

Conquest: Sexual Violence and American Indian Genocide
Andrea Smith
E98.W8 S62 2005
Find this book in ThomCat
More about this title from Amazon.com

A Constitution of Many Minds: Why the Founding Document Doesn’t mean what it Meant Before
Cass R. Sunstein
KF4552 .S86 2009 (New Book Shelf)
Find this book in ThomCat
More about this title from Amazon.com

Constitutional Law for a Changing America: a Short Course
Lee Epstein, Thomas G. Walker
KF4749 .E668 2009 (New Book Shelf)
Find this book in ThomCat
More about this title from Amazon.com

Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee
Alex Conte and Richard Burchill
K3241 .C66 2009
Find this book in ThomCat
More about this title from Amazon.com

Environmental Justice: Legal Theory and Practice
Barry E. Hill
KF3775 .H55 2009 (New Book Shelf)
Find this book in ThomCat
More about this title from Amazon.com

FDR v. The Constitution: the Court-packing Fight and the Triumph of Democracy
Burt Solomon
KF8742 .S585 2009 (New Book Shelf)
Find this book in ThomCat
More about this title from Amazon.com

The First Amendment, Freedom of Speech: Its Constitutional History and the Contemporary Debate
edited by Vikram David Amar
KF4772 .F5675 2009
Find this book in ThomCat
More about this title from Amazon.com

Genocide in International Law: The Crime of Crimes
William A. Schabas
K5302 .S32 2009
Find this book in ThomCat
More about this title from Amazon.com

Global Perspectives on Constitutional Law
edited by Vikram David Amar, Mark V. Tushnet
KF4550 .G58 2009 (New Book Shelf)
Find this book in ThomCat
More about this title from Amazon.com

Human Rights and Corporations
edited by David Kinley
K3240 .H8483 2009
Find this book in ThomCat
More about this title from Amazon.com

The Impact of Behavioral Sciences on Criminal Law
edited by Nita A. Farahany
K5028.5 .I47 2009
Find this book in ThomCat
More about this title from Amazon.com

International Trade and Health Protection: a Critical Assessment of the WTO’s SPS Agreement
Tracey Epps
K3631 .E67 2008
Find this book in ThomCat
More about this title from Amazon.com

Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy into Focus
Stephen F. Befort and John W. Budd
KF3319 .B44 2009
Find this book in ThomCat
More about this tite from Amazon.com

Law, Mind and Brain
edited by Michael Freeman and Oliver R. Goodenough
K346 .L394 2009 (New Book Shelf)
Find this book in ThomCat
More about this title from Amazon.com

A Life and Death Decision: a Jury Weighs the Death Penalty
Scott E. Sundby
KF9680 .S86 2005
Find this book in ThomCat
More about this title from Amazon.com

Managing White Collar Legal Issues: Leading Lawyers on Key Defense Strategies, Responses for Civil and Criminal Investigations, and Recent Enforcement Trends
KF9350 .M369 2008
Find this book in ThomCat
More about this title from Amazon.com

Navigating Green Construction and Energy Initiatives: Government Officials on Responding to LEED Standards, Promoting Sustainable Building Practices, and Improving Energy Efficiency
K3585 .N384 2009
Find this book in ThomCat
More about this title from Amazon.com

New Institutions for Human Rights Protection
edited by Kevin Boyle
K3240 .N495 2009
Find this book in ThomCat
More about this title from Amazon.com

Our Promise: Achieving Educational Equality for America’s Children: Selected Essays and Articles
edited by Maurice R. Dyson, Daniel B. Weddle
LC213.2 .O88 2009
Find this book in ThomCat
More about this title from Amazon.com

Ourselves and Our Posterity: Essays in Constitutional Originalism
edited and introduced by Bradley C.S. Watson
KF4552 .O97 2009
Find this book in ThomCat
More about this title from Amazon.com

The Oxford Guide to United States Supreme Court Decisions
edited by Kermit L. Hall, James W. Ely, Jr.
KF4548.5 .O97 2009
Find this book in ThomCat
More about this title from Amazon.com

The Privilege of Silence: Fifth Amendment Protections Against Self- incrimination
Steven M. Salky
KF9668 .S25 2009
Find this book in ThomCat
More about this title from Amazon.com

A Responsibility to Assist: EU Policy and Practice in Crisis-management Operations under European Security and Defense Policy: a COST report
edited by Tom Hadden
KJE5105 .R47 2009 (New Book Shelf)
Find this book in ThomCat
More about this title from Amazon.com

Sharing our Stories of Survival: Native Women Surviving Violence
edited by Sarah Deer … [et al.]
E98.W8 S43 2008
Find this book in ThomCat
More about this title from Amazon.com

The Status of Women under Islamic Law and Modern Islamic Legislation
Jamal J.A. Nasir
KBP526.32.N37 A37 2009
Find this book in ThomCat
More about this title from Amazon.com

Synergies in Minority Protection: European and International Law Perspectives
edited by Kristin Henrard and Robert Dunbar
K3242 .S965 2008
Find this book in ThomCat
More about this title from Amazon.com

Wholesale Justice: Constitutional Democracy and the Problem of the Class Action Lawsuit
Martin H. Redish
KF8896 .R438 2009
Find this book in ThomCat
More about this title from Amazon.com

Working with Government Agencies in Climate Change Law: Leading Lawyers on Communicating with Government Officials, Understanding Legal Challenges, and Navigating Recent and Upcoming Climate Change Regulations
QC903 .W679 2009
Find this book in ThomCat
More about this title from Amazon.com


Website Spotlight: MAPLight.org — making money/vote connections transparent

MAPLight.org‘s mission is to “illuminate the connection between money and politics in unprecedented ways.” The organization aims to “give citizens the tools to find out for themselves how campaign contributions affect the specific issues they care about.” Watch this 6 mins. video to learn how it works.

Some articles and other items about MAPLight.org:

Shedding New Light on Lawmakers’ Voting Records (interview on KQED) (June 18, 2009)

Mapping a better world (The Economist) (June 4, 2009)

The People’s Data (Newsweek) (February 28, 2009)

The Citizen Watchdogs of Web 2.0 (Time) (June 30, 2008)

MAPLight gets its data from: