Capital Center Report - April 2002 (Vol. 7, No.2)
Kennedy and Kelso "Dialogue on Freedom"
with Local High School Students
Supreme Court Justice Anthony Kennedy recently visited his
alma mater, McClatchy High School, to engage students in a
"Dialogue on Freedom" in the wake of September 11.
Sponsored by the American Bar Association, Justice Kennedy
and Professor J. Clark Kelso met with 60 honors government
students at McClatchy to discuss the importance of values
such as freedom and democracy. The pair presented students
with a mythical country, Quest, which was replete with the
injustices of unfair elections, government corruption, and
poor working conditions. Students were asked, among other
things, to describe to the people of Quest why democracy is
virtuous and which three books or movies they would leave
with the people that best reflect American values. Students
eagerly responded to the hypothetical situation, suggesting
books such as To Kill A Mockingbird and Huckleberry Finn.
Others, perhaps in an attempt to curry favor with the Supreme
Court Justice, suggested that they might leave behind the
Constitution or Declaration of Independence. During a moment
of levity, one such student admitted that he had never actually
read the Constitution, but thought that it would still be
worth leaving. That student ended up receiving a signed copy
of the Constitution from Justice Kennedy.
After having presented the program at the School Without Walls in Washington, D.C., and Stuyvesant High School in New York City, McClatchy High School was Justice Kennedy's final destination for the "Dialogue on Freedom." Following the September 11 tragedy, Kennedy was inspired to provoke discussion among young people about the importance of American civic values. "They're going to be the ones that have to convince the rest of the world of the virtues of freedom," he said. "They're going to be the principal trustees of our values and customs." With the cooperation of the ABA, Professor Kelso will continue this dialogue with local high school students and is encouraging judges and other legal professionals in the area to take part in the program. Training videotapes are currently in production and will be available for distribution to anyone interested in participating in the "Dialogue on Freedom." Similar programs have been initiated around the nation in an effort to reunite America's youth with these fundamental American principles.
Proposed Constitutional Revisions of Article
VI
Over the last year or so, a variety of proposals to update
and improve the judicial article (Article VI) of the California
Constitution have been discussed by various court leaders.
Proposed improvements might include improvements to the Judicial
Council, and improving the process of selecting and electing
both appellate and trial judges. The Judicial Council has
not yet taken a position with respect to these proposed changes,
but it is likely that the Council will be considering whether
to take such a position at its April or July meeting. Students
Cristin Viveros and Kevin Hall of the California Legislature:
Law Revision Seminar are currently researching and drafting
legislation on this issue.
Report on Managed Health Care Released
A report by the Capital Center for Government Law & Policy
entitled, Regulatory Jurisdiction Over Health Insurance Products:
The Department of Managed Health Care & The Department
of Insurance, was recently released by the Department of Managed
Health Care (DMHC). In an effort to comply with statutory
obligations, the Advisory Committee on Managed Health Care
requested the Capital Center's services in studying the feasibility
and benefit of consolidating into the DMHC, other health insurers
not already regulated by it. These would include insurers
that provide insurance through PPOs, indemnity, and exclusive
provider organization products. The report reflects upon California's
historically divided jurisdictional scheme with regard to
health care regulation and, insofar as jurisdiction is currently
split between the DMHC and the California Department of Insurance,
the report provides in-depth analysis on several areas of
regulatory reform available to the DMHC. Along with recommendations
of the Director of the DMHC, the report will be incorporated
into a final document for the Governor and the State Legislature.
The full text of this report can be found on the Capital Center
website.
Report on California's Grand Jury System
Published
The Loyola Law Review recently published a report, Reform
of California's Grand Jury System, authored by McGeorge Professors
Michael Vitiello and J. Clark Kelso. The report was written
in response to Gov. Gray Davis' veto message on AB527, in
which he remarked that the grand jury had been serving California
well for 150 years and indicated his unwillingness to approve
reform legislation before further study had been completed.
The report explores three related topics: the civil oversight
role of the grand jury; issues relating to the role of the
grand jury in the criminal justice system; and the lack of
diversity among members on the grand jury. Noting that some
real life examples have raised concerns about abuse of the
grand jury system, the report suggests ways that reform would
improve its performance but maintains that the grand jury
continues to benefit the judicial process. Students Madeline
Doms and Kathlyn Happe of the Law Revision Seminar are currently
researching and drafting legislation on this issue. This report
can be found on the Capital Center web site at www.mcgeorge.edu/capitalcenter
and the Loyola Law Review at 35 Loy. L. Rev. 513.
Victim Compensation Board Turns to the Capital
Center
The Victim Compensation and Government Claims Bd has retained
Prof. J. Clark Kelso to help revise the statutes governing
the Victim Compensation Program. Students Christopher Felsburg
and David O'Mara of the Law Revision Seminar are currently
working on this issue to effect the clarity and consistency
of the statutes as well as making recommendations to the Board
regarding necessary substantive changes. The Board is currently
responsible for acting as an intermediary between state government
and Californians to resolve the different claims and grievances
that people may have as a result of violent crimes or certain
state government activity.
Capital Center Hosts Criminal Justice Conference
On June 5th, the Capital Center for Government Law & Policy
will present a conference entitled, Leadership Issues in Criminal
Justice Policy, to explore the emerging trends in criminal
justice policy. The Conference will be divided into four panel
discussions. Acknowledging that this year marks the 20th anniversary
of the Victims Bill of Rights in California, the first panel
will address the future impact of this law and the potential
for reform. A second panel will focus on the new roles and
responsibilities that the judiciary has been required to take
on as a result of the Victims Bill of Rights and voter initiatives.
Next, panelists will discuss the forces involved in directing
criminal justice policy and will consider the relative importance
these forces should play in policy decisions. Finally, the
fourth panel will discuss the impact of the initiative process
on shaping policy and reforms that may improve the process.
A luncheon will be provided to attendees, during which Bill
Lockyer, Attorney General of California, will be the presenter
for an awards ceremony.
The conference will be moderated by Professor Linda Carter, University of the Pacific McGeorge School of Law. Conference speakers will include: Aileen Adams, Secretary, State and Consumer Services; Professor Carl Baar, York University; Professor Douglas E. Beloof, Lewis & Clark College, Northwestern School of Law; Associate Dean Glenn Fait, Director, Institute for Administrative Justice, University of the Pacific McGeorge School of Law; Professor Ted Gest, University of Pennsylvania; John W. Gillis, Director, Office for Victims of Crime, U.S. Department of Justice; Professor J. Clark Kelso, University of the Pacific McGeorge School of Law; Bill Lockyer, Attorney General of California; Professor Mary-Beth Moylan, University of the Pacific McGeorge School of Law; Diane Nunn, Director, Center for Families, Children & the Courts, California Administrative Office of the Courts; Paul J. Pfingst, District Attorney, County of San Diego; Paul H. Robinson, Edno & Ednyfed Williams Professor of Law, Northwestern University; Professor Gerald Uelmen, Santa Clara School of Law.
Information regarding registration, MCLE credit, fees, and the schedule of events may be obtained at www.mcgeorge.edu/capitalcenter or by calling the Capital Center at (916) 739-7104.
Capital Center Presents Third "War
on Terrorism" Symposium
The Capital Center for Government Law and Policy sponsored
its third and final symposium on the war on terrorism entitled
Trials, Courts-Martial, and Tribunals: A Symposium on A Sense
of Justice in a Time of War. A distinguished panel of speakers
discussed the practical necessity of holding non-public trials
where a significant danger exists that terrorists might use
the public trial forum as a platform for further terrorist
acts. Under such circumstances, panel members discussed the
constitutional and procedural protections that would be afforded
to criminal defendants in a court-martial trial, and the professional
obligation of judges, prosecutors and defense counsel in those
proceedings. Panelists traced the historical basis for how
our nation apprehends terrorists and brings them to justice
as well as the international implications of the use of military
tribunals. Moderated by McGeorge Professor Jed Scully, panel
members included McGeorge Professors Ruth Jones, Stephen McCaffrey,
and John Sims. The panel also included the Honorable Fred
Morrison, California Court of Appeal, James Brosnahan, Jr.,
Morrison & Foerster, and Timothy Naccarato, Colonel(ret.)
U.S. Army JAGC.
GASA Sponsors Pacific Legal Foundation Speaker
Anthony T. Caso ('79D), Senior Vice President and General
Counsel for the Pacific Legal Foundation (PLF), recently spoke
to McGeorge students about the PLF, its ideology, objectives,
and litigation it is currently involved in. Mr. Caso jokingly
commented on how the PLF is viewed by many as an organization
that leans "slightly to the right of Genghis Khan."
The PLF has acquired its conservative reputation by litigating
such issues as ending governmental affirmative action, putting
a stop to bilingual education programs, and requiring the
government to compensate for takings of private property through
environmental regulations. Following the presentation, Mr.
Caso joined students at an informal reception.
The PLF was established over 25 years ago and is a privately
funded, nonprofit organization, which advocates for less government
and the preservation of free enterprise, private property
rights, and individual liberties. Today, the Foundation is
the largest and most experienced public interest law foundation
of its kind in America. Headquartered in Sacramento, the PLF
also has offices in Alaska, Florida, Hawaii, Oregon, and Washington.
Newsletter published by
Capital Center for Government Law and Policy
University of the Pacific McGeorge School of Law
3200 Fifth Avenue
Sacramento, CA 95817
Telephone (916) 739-7104
J. Clark Kelso, Editor-in-Chief
Ryan Marcroft, Articles Editor
Patricia Rosen, Staff Writer
Priscilla Dodson, Production