Volume 19, Issue 2

Articles

Incompetent Youth in California Juvenile Justice

Corene Kendrick
Brian Blalock

This Article offers a vehicle for discussion of California juvenile incompetence to stand trial. It begins with an overview of the California juvenile justice system and a profile of youth in juvenile justice, briefly reviews the incompetency laws applying to adults, and then describes existing legal provisions to address juvenile incompetence. The Article then presents the findings of the first-ever statewide survey of California probation departments on youth who are incompetent or potentially incompetent to stand trial in juvenile delinquency proceedings. Read more about Incompetent Youth in California Juvenile Justice

  • April 2008
  • 19 Stan.L.& Pol'y Rev. 198
  • Article

The Evolving Federal Role in Bias Crime Law Enforcement and the Hate Crimes Prevention Act of 2007

Frederick M. Lawrence

Debate over the proper role of federal law enforcement concerning bias-motivated crimes, popularly known as “hate crimes,” implicates criminal law doctrine and theory, issues of federalism, definitions of equality, and questions of free expression. This Article focuses on four interrelated questions that, while concerned with legal issues, nonetheless deal with fundamental American values. These questions are: (1) Is it appropriate for criminal law to punish on the basis of a perpetrator’s motivation? Read more about The Evolving Federal Role in Bias Crime Law Enforcement and the Hate Crimes Prevention Act of 2007

  • April 2008
  • 19 Stan.L.& Pol'y Rev. 251
  • Article

Play It Again, Hillary: A Dramaturgical Examination of a Repeat Health Care Plan Performance

This Article is the third article in the collection of articles published by W. John Thomas in Stanford Law & Policy Review. The third installation attempts to make dramaturgical sense of Plan II and its presentation. Scene One presents a brief reprisal of the works of Goffman and Kael and articulates how these disparate bodies of work fit together to aid in understanding political performance. Scene Two describes Plan III. Read more about Play It Again, Hillary: A Dramaturgical Examination of a Repeat Health Care Plan Performance

  • April 2008
  • 19 Stan.L.& Pol'y Rev. 283
  • Article

Notes

Prescription for a Cure: Does the FDA’s Draft Guidance Adequately Manage Advisory Committee Members’ Conflicts of Interest?

Ian J. Kellogg

On Friday, March 23, 2007, the FEDA sought public comment on new guidelines for determining conflicts of interest and eligibility for participation in FDA Advisory Committee meetings. Part IA of this Note gives a brief history of the factual and legal background that led the FDA to propose the new guidelines, focusing on the FDA’s own rationale: a recognized inconsistency and lack of determinable standards under which waivers were granted in the past. Read more about Prescription for a Cure: Does the FDA’s Draft Guidance Adequately Manage Advisory Committee Members’ Conflicts of Interest?

  • April 2008
  • 19 Stan.L.& Pol'y Rev. 300
  • Note

Eliminating Harmful Suicide Policies in Higher Education

Aaron Konopasky

This Note contends that the current legal landscape concerning student suicide threats and colleges and universities must change. It asserts that this goal can be achieved by taking reasonable steps toward securing treatment for students who face a significant risk of committing suicide. An approach like this would require institutions to encourage treatment of the student population generally, such as by increasing access to mental health services and taking measures to reduce the stigma associated with mental disorders. Read more about Eliminating Harmful Suicide Policies in Higher Education

  • April 2008
  • 19 Stan.L.& Pol'y Rev. 328
  • Note

[Legislative Note] The San Francisco Health Care Security Ordinance: Universal Health Care Beyond ERISA's Reach?

Brian P. Goldman

While efforts for national health care reform continue at a gradual pace, state and local governments have sought out reforming policies on their own. San Francisco recently passed a “pay or play” ordinance, requiring employers to either pay for healthcare for their employees or pay a fee. This Note discusses the purpose and content of this municipal government legislation and contextualizes its fate, should it be challenged against the Employee Retirement Income Security Act of 1974. Read more about [Legislative Note] The San Francisco Health Care Security Ordinance: Universal Health Care Beyond ERISA's Reach?

  • April 2008
  • 19 Stan.L.& Pol'y Rev. 361
  • Note

[Legislative Note] Living on the Edge: Recent Developments in Georgia Sex-Offender Legislation

Nick Xenakis

While state legislatures continuously push for stricter sex-offender residency laws, the courts typically do not give way. However, the courts in Georgia upheld the constitutionality of HB 1059, a law that expanded residency requirements. This Note argues that the way with which HB 1059 passed constitutionality issues is telling for the legality of stricter sex-offender laws in the future. It then discusses the issue of enforcement that all laws in this category have faced and that HB 1059 will face. Read more about [Legislative Note] Living on the Edge: Recent Developments in Georgia Sex-Offender Legislation

  • April 2008
  • 19 Stan.L.& Pol'y Rev. 377
  • Note

[Legislative Note] The California Solar Initiative: How Mandatory Time-Of-Use Rates Chilled the Solar Energy Market

Ben Carver
Sina Kian

The Million Solar Roofs Bill of 2006 (S.B. 1) aimed to reduce dependence on non-renewable resources by incentivizing the use of solar energy and the production of solar energy during peak demand. However, the time-of-use (TOU) mandate’s billing structure often hurt users of renewable energy, leading to its temporary suspension. This Note first discusses S.B. 1 and then explores the TOU mandate and why it failed. It argues that S.B. Read more about [Legislative Note] The California Solar Initiative: How Mandatory Time-Of-Use Rates Chilled the Solar Energy Market

  • April 2008
  • 19 Stan.L.& Pol'y Rev. 384
  • Note

Comments

Introduction

SLPR Editorial Board

State governments have the ability to experiment and innovatively approach issues due to their smaller size and autonomy. Justice Louis Brandeis considered this the ability to be “laboratories of democracy." This Introduction explains the Legislative Notes Project, a new feature of Stanford Law & Policy Review that will shed light on state governments' local experiments, including landmark legislation, innovative solutions to problems, and value earned from failed experiments. Read more about Introduction

  • April 2008
  • 19 Stan.L.& Pol'y Rev. 359
  • Comment