Capital Center Report - January 2002 (Vol. 7, No.1)
McGeorge Appoints New Dean
Elizabeth Rindskopf Parker, general counsel
for the University of Wisconsin System and one of the nation’s
leading experts on anti-terrorism law, has been named dean
of University of the Pacific’s McGeorge School of Law.
Rindskopf Parker comes from 11 years of federal service, first as general counsel of the National Security Agency, then as principal deputy legal adviser at the U.S. Department of State, and as general counsel for the Central Intelligence Agency. She has also served as acting assistant director for mergers and acquisitions at the Federal Trade Commission. She was recently chair of the American Bar Association’s standing committee on law and national security, and currently is a member of the ABA president’s task force on the laws against terrorism. General counsel of University of Wisconsin System since 1999, Rindskopf Parker has been responsible for legal issues involved in administering a statewide educational institution.
Cemetery Bill Enacted
In the last issue of the Capital Center Report, we reported
that Senate Bill 542 (Ortiz) had been approved by the
Legislature and was awaiting the Governor’s signature.
On October 2, Governor Davis signed the Bill into law
and it has been filed with the Secretary of State.
The Cemetery Bill affects California law in two ways. First, the bill has made some technical changes to the law by amending some outdated language, fixing some logical errors, and consolidating sections of the code for more clarity and ease of use. The bill has also created some substantive changes to the law. In California, unoccupied graves in a family plot became inalienable if any part of the plot was occupied and the owner died without specifically disposing of the plot. This bill has changed the law by ensuring that the plot does not become inalienable solely by operation of law. The bill also has a retroactive effect to revive any family plot that was previously inalienable under the old law.
This bill was the product of research and hard work done by the following students who were enrolled in theCalifornia Legislature: Law Revision Seminar: Kellie Hartman (2000), Lindsay Herrick (2002), Alissa Holt (2001), Melissa McMillon (2000), and Netania Moore (2001). Congratulations to each of these students on their success.
Kelso Participates in Health Care Panel
Professor J. Clark Kelso participated as a panelist
in the 24th Annual Round Table held by the Association of
California Life & Health Insurance Companies. Professor
Kelso was invited to address issues relating to the transfer
of PPO regulation in California to the Department of Managed
Health Care. As a whole, conference participants discussed
matters relating to the federal Patients’ Bill of Rights,
implementation of HIPAA regulations, controlling costs, and
increasing coverage for the uninsured, among others. The conference
was held in Pebble Beach and attended by the officers and
employees of member companies, representatives of related
national and state associations, some nonmember insurance
companies, and health care organizations.
Kelso Speaks at Calif. Judges Assoc. Mtg
Professor J. Clark Kelso, Director of the
Capital Center for Government Law and Policy, was invited
to speak at the 72nd annual meeting of the California Judges
Association. His presentation, entitled, Reinventing Search
and Seizure in the Age of the Internet, focused generally
on the Fourth Amendment’s requirements for government
searches and seizures and the application of those principles
to the Internet. More specifically, he discussed the challenge
of using the traditional common-law reasoning by analogy approach
when addressing the novel legal issues presented by the Internet.
Moreover, he emphasized the constitutional, statutory, and
common-law principles. Finally, he discussed the obligation
courts have in ensuring that these tough legal issues receive
a full and proper analysis in individual cases.
The California Judges Association is a voluntary association of California judges that works with the state Legislature, the Judicial Council and the State Bar to improve the law and represent the interests of judges.
The Constitutionality of California's Special
Interest License Plate Program
The Capital Center for Government Law and Policy recently
issued a brief report on the constitutionality of California’s
special interest license plate program. The report, Constitutional
Problems with California’s Specialty License Plate Program,
analyzes the inherent First Amendment difficulties in allowing
the California State Legislature to determine which interest
groups will be granted a license plate and which will not.
The report concludes that California’s program is probably
unconstitutional because it permits the government to discriminate
against protected free speech when deciding whether to issue
a special plate. Some suggestions are offered in the report
in order to guide the legislature in establishing a program
that would pass constitutional muster. Furthermore, the Capital
Center has committed itself to supporting the improvement
effort and students in the California Legislature: Law
Revision Seminar will have the opportunity to draft legislation
on this issue. The report was co-authored by Professors Leslie
Gielow Jacobs, J. Clark Kelso, and Ryan Marcroft
and is available on the Capital Center web site.
Justice Reynoso Speaks to Governmental
Affairs Student Association
On November 14th, Justice Cruz Reynoso spoke
on his work with the U.S. Commission on Civil Rights. Justice
Reynoso traced the history of the Commission, including how
and why it was established. He recounted how he came to be
appointed to the Commission and how he learned of his appointment.
Finally, he discussed the work of the Commission, including
several investigatory hearings concerning incidents where
suspects were killed by the police and the community was upset
because of possible racial or ethnic involvement in the shootings.
Justice Reynoso also explained that the Commission, despite the fact that it has no real powers, is often able to resolve such disputes and defuse racial tensions just through its power to investigate and hold hearings. Finally, he discussed his experiences in investigating the election irregularities in Florida in the Bush/Gore election. After his talk, Justice Reynoso entertained questions from the audience.
From 1982 to 1987, Justice Reynoso was an Associate Justice of the California Supreme Court, San Francisco, and was also an Associate Justice of the Third District Court of Appeals, Sacramento, from 1976 to 1982. Justice Reynoso is the inaugural holder of the University of California at Davis School of Law’s Boochever and Bird Chair for the Study and Teaching of Freedom and Equality.
Capital Center Presents Panel on Anti-Terrorism
Laws
On November 20, 2001, the Capital Center for Government Law
and Policy presented the second conference in a series on
the USA PATRIOT ACT. This legislation gives law enforcement
and intelligence services new powers to detect, investigate,
and pursue terrorism. Participants on this panel included
Tom Gede, Executive Director of the Conference of Western
Attorneys General, and McGeorge Professors Leslie Geilow Jacobs
and John Cary Sims. The presenters discussed their views on
the effects that this legislation would have on current constitutional
law. Specifically, potential Fourth Amendment concerns were
addressed and debate centered on whether the changes made
by this legislation were merely “technical” in nature
or, rather, if substantive changes had been created by the
law. The presenters also offered public policy reasons for
the changes and pointed out certain issues of concern that
would require close observation in the future. Following the
presentations the panelists answered questions from the audience.
Continuing on in this series, on February 2, 2002, the Capital Center will host its third program entitled, Trials, Court-Martials, and Military Tribunals: A Symposium on A Sense of Justice in a Time of War. Presentations will be made on a variety of topics such as the implications of military tribunals on Constitutional Due Process and international law. This event is open to the public and there is no charge for attending so please join us for this important educational program.
GASA Holds Its First Meeting
The Governmental Affairs Student Association (GASA)
held its first meeting on October 24, 2001. Professor J.
Clark Kelso, Director, Capital Center for Government Law
and Policy, welcomed new and returning students to the group
and answered questions regarding the Student Association,
McGeorge, and the Capital Center. Jaeson White, the
President of GASA, was invited to speak about the California
Highway Patrol and its response to the terrorist attacks of
September 11. During the reception that followed the meeting,
students were encouraged to meet with faculty and other students
who attended.
GASA Elects 2001-02 Officers
The members of the Governmental Affairs Student
Association have selected student officers for the 2001-02
school year. They are:
President, Jaeson White 3E
Speaker Coordinator, Mike McDermot 2D
Community Service/Job Fair Coordinator, Larenda Burke
3E
Academic Coordinator, Ryan Marcroft 2D
Communications Officer, Jenny Ehn 1D
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