Capital Center Report - October 2001
Center for Access to the Courts Through
Technology
Receives $12,000
Pursuant to a court order issued on March 14, 2001, the Center
for Access to the Courts through Technology (CACT) received
more than $12,000 from the settlement of a class action suit.
The law firm of Mastagni, Holdstedt, Chiurazzi & Amick represented
employees of a corporation in their suit against their former
employer. While employed at the corporation, plaintiffs received
less than the federally established minimum wage for approximately
two years. When the parties agreed to settle the suit, not
all of the former employees could be found. The court then
ordered that the remaining settlement funds be divided between
an organization for children and the CACT.
The CACT was established in 1999 by Professor J. Clark
Kelso, Director of the Capital Center for Government Law
and Policy. As a part of the Capital Center, the CACT was
created as a result of an order by the Sacramento Superior
Court. The court distributed to McGeorge residual settlement
funds from a consumer class action. The CACT promotes consumer
and small business access to the courts and other public dispute
resolution systems using advanced communication and information
technologies.
LL.M. has Bright Future
After approval by the Board of Regents at the University of
the Pacific only last year, the LL.M. in Government and Public
Policy has tripled in enrollment size since its first year
offered. With many students vying for internship positions
at the Department of Justice or the California Public Utilities
Commission, the LL.M. program is positioned for a very promising
future. The program is designed to provide further education
to law school graduates who are interested in pursuing a career
in the public sector or in a private sector law firm which
represents public agencies. The course work will expose students
to the legal issues surrounding the public sector and its
agencies. We have enrolled 11 students this fall, and Zackery
Morazzini and Justin Mason have been awarded the
legal scholar intern positions at the Department of Justice.
Kelso Invited to Deliver Paper in Canada
Professor J. Clark Kelso has been invited to deliver
his paper on trial court reform at an international conference
on court administration and reform. Professor Kelso will discuss
the relevance of structural reforms to changing social needs,
the functions trial courts serve in these reforms and discuss
his research with American court reforms. Specifically, he
will examine the issues of unification, coordination, and
statewide funding as they relate to American State courts
and particularly to California State courts.
The conference will look at the evolving role of trial courts
and how they serve the needs of Canadians, including options
and constraints for structural reform. Originally scheduled
for September 13-14, the conference was cancelled because
of the terrorist attacks that occured on September 11. The
conference, which will be rescheduled, is co-sponsored by
the Saskatchewan Department of Justice, the Association of
Canadian Court Judges, the College of Law of the University
of Saskatchewan, and the Faculty of Law of the University
of Toronto.
Kelso Gives Keynote Address
Professor J. Clark Kelso, Director of the Capital Center
for Government Law and Policy, who served as Interim Insurance
Commissioner during the summer of 2000, delivered a keynote
address at the Annual General Counsel Seminar presented by
the Association of California Insurance Companies (ACIC).
His speech entitled, "Reflections on California Insurance
Regulation" examined three topics: the convergence of the
insurance and financial services industries; the health of
the regulatory function in California and the relationship
between public and private regulation of the insurance market;
and the possibility of bad faith liability and punitive damage
reform.
The ACIC presents this annual educational seminar for insurance
industry general counsels and other representatives of insurers
and major law firms who do business in California. The seminar
provides information on issues that are pending before the
legislative, executive, and judicial branches of California
State government.
Capital Center Publications
The Capital Center for Government Law and Policy has released
three reports:
-California State Senate versus Enron Corp.: An Analysis
of Legal Issues Involving The Power of Legislative Contempt.
In the wake of the California Energy Crisis, this report delves
into the legal debate surrounding the Senate "Select Committee"
issuing subpoenas to energy producers. In discussing the appropriateness
of sanctioning those parties that do not comply with subpoenas,
the authors suggest ways that the Senate Committee could reasonably
sanction parties and continue to comply with federal law.
The report was co-authored by Professors Thomas Main
and J. Clark Kelso.
-An Analysis of Punitive Damages in California Courts,
1991-2000. This report addresses a growing concern over
the apparent increase in punitive damage awards since the
early 1990s. The authors, Professor J. Clark Kelso and
Dr. Kari Kelso, found that in cases where punitive
damages were awarded, those damages were significantly greater
than the compensatory damage awards. Overall, the report concluded
that punitive damage awards had been increasing since 1991
but that further inquiry into the causes and consequences
of punitive damages is warranted.
-Grand Jury Background Study. This report on grand
jury reform deals with 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. Its authors, Professor
Michael Vitiello and Professor J. Clark Kelso,
comment specifically on some of the recent real life examples
that have raised concerns about abuse of the grand jury. The
study suggests ways in which reform would improve the performance
of the grand jury but maintains that the grand jury continues
to benefit the judicial process. The full text of these reports
can be found on the Capital Center web site at www.mcgeorge.edu/capitalcenter.
Dept. of Managed Health Care Turns to Capital
Center
The Department of Managed Health Care has asked the Capital
Center for Government Law and Policy to study jurisdictional
issues involving several types of health insurance. The agency
is interested in determining whether it would be feasible
and beneficial to include within its jurisdiction other health
insurers that are not already regulated by them. Those additions
would include insurers who provide insurance through indemnity,
preferred provider organizations, and exclusive provider organization
products. The first draft of the report has been posted to
the Capital Center's website.
Cemetery Bill Still Alive in Senate
Senate Bill 542 (Ortiz) has been enacted by the Legislature
and awaits Governor Davis' signature. The Bill offers two
types of changes to the current law. The first type is of
a technical nature. The Bill proposes amendments to remove
archaic and outdated language, cure logical errors, and to
consolidate certain sections and definitions for clarity and
ease of use. Secondly, the Bill proposes to allow for the
alienability of unoccupied graves in family plots. In California
the unoccupied graves in a family plot become inalienable
automatically if any portion of the plot is occupied and the
owner dies without making a specific disposition of the plot.
The proposed amendments ensure that the unoccupied portion
of a plot does not become inalienable solely by operation
of law without any expression of actual intent by the owner.
The bill is drafted to take effect retroactively so that the
current owners of family plots can decide for themselves whether
to retain the family plot exclusively for the use of family
members or to sell unoccupied portions of the plot.
The Bill was the culmination of research done by Professor
J. Clark Kelso, Director of the Capital Center for
Government Law and Policy, and several McGeorge students.
The students involved in research were Kellie Hartman
(2000), Lindsay Herrick (2002), Alissa Holt
(2001), Melissa McMillon (2000), and Netania Moore
(2001).
Conference on the California Energy Crisis
On July 20, the Capital Center for Government Law and Policy
hosted a conference of state agency general counsels. The
focus of the discussion was California's ongoing energy crisis.
The conference, entitled "Lawyering the Energy Crisis," emphasized
the litigation that the State of California is involved in
with the Federal Energy Regulatory Commission, the Federal
Courts, and the Bankruptcy courts. Also discussed at the meeting
was the State's long-term strategy for resolving the litigation
and moving beyond the energy crisis.
Participants in the meeting included: Governor Gray Davis'
Legal Affairs Secretary Barry Goode; California Public
Utilities Commission General Counsel Gary Cohen and
staff attorney Harvey Morris; Electricity Oversight
Board Chief Counsel Erik Saltmarsh; Chief Deputy Attorney
General Peter Siggins; Supervising Deputy Attorney
General Andrea Lynn Hoch; Deputy Attorney General Vickie
Whitney; Felderstein, Willoughby and Pascuzzi attorney
Steven H. Felderstein; Legislative Co-Counsel in Burton
et al. v. FERC Professor J. Clark Kelso.
Class of 2001
The Governmental Affairs program is pleased to have awarded
13 Governmental Affairs Certificates. Two students graduated
at the end of the fall semester; the others received their
certificates when they graduated on May 19th. This school
year marked the sixth anniversary of the respected Governmental
Affairs Program. The 2001 Governmental Affairs Certificate
Recipients are:
Samantha Marie Arnerich, Brooks Darby Braden, Alexander
Harllee Branch, David William Cory, Brent J. Jamison, Robert
Bruce McLeod II, Netania Ellen Melamed Moore, Shanti Renée
Patching, Kristi Jo Powers, Lisa Rettig Ryan, Shelley Kaye
Scott, Melinda Jane Steuer, and Lisa Michelle Wright
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
Priscilla Dodson, Production