Subject: Studies in the News 04-15 (March 4, 2004)


CALIFORNIA RESEARCH BUREAU
CALIFORNIA STATE LIBRARY
Studies in the News


California -- One Hundred and Fifty Years Ago

March 1854 - "Romualdo Pacheco began his political career in 1854, when he was elected judge of the San Luis Obispo Superior Court. His fluency in English and Spanish, in addition to his ability to garner the support of both prominent Californio families and the newly-arrived Anglos, contributed to his political success.... An excellent horseman, Pacheco engaged in ranching and his expertise with the lasso made him the only California Governor known to have roped a grizzly bear. He also did some mining during the California Gold Rush."  www.loc.gov/rr/hispanic/congress/pacheco.html  

- "Romualdo Pacheco was the only Hispanic who has served as Governor of California. He was born in Santa Barbara, California on October 31, 1831. During his service as Lieutenant Governor, Pacheco was warden of the San Quentin penitentiary, where he worked to ameliorate conditions. In 1875, when Newton Booth was elected to the U.S. Senate, Pacheco became Governor of California. In this position he stressed the importance of higher education and worked for the development of the University of California and the State Normal School in San Francisco. "  www.loc.gov/rr/hispanic/congress/pacheco.html  

Contents This Week

Introductory Material CRIMINAL JUSTICE & LAW ENFORCEMENT
   Protecting legal clients with diminished capacity
   Prostitution and subculture of violence
   Complaint filed against CYA
CULTURE AND SOCIETY
   Civic integration of immigrants
   Variety of immigrants in U.S.
DEMOGRAPHY
   Population estimates
   Immigrants seek jobs out of California
ECONOMY
   Digital copyright and licenses
   Companies restricting job growth in California
   Combating predatory lending
   Providing land for housing
   Taxing Internet access
   Decision to let do-not-call registry stand
   Sharing consumers' financial information
   Voice over Internet tax question
EDUCATION
   New policies to help English learners
   Implementing the No Child Left Behind Act
   Progress of English learner students
   College access
   Violence prevention in school
EMPLOYMENT
   Latinos filling newly created jobs
   Jobless denied benefits
ENERGY
   Renewable energy for San Francisco
   Energy efficiency funding
ENVIRONMENT & NATURAL RESOURCES
   Tracking disease and environmental hazards
   Toxic flame retardants
   Calculating open space
GENERAL GOVERNMENT
   Judges' election expenditures
   Court outcomes for minorities and women
   Competitive grant update
   High performance organizations
   Judicial review of political gerrymandering
   Research and development tax credit
   A nation at the crossroads
   Creating a national state rainy day fund
HEALTH
   Childhood obesity and diabetes
   Hospital discounts for self-paying patients
   Pharmaceutical rebates due to Medi-Cal program
   Remodeling the drug Medi-Cal program
   HMO disputes
HOUSING
   Recovering for defects in purchased homes
HUMAN SERVICES
   Domestic elder abuse and the law
   Aid for low-income families
   Welfare caseload increase
   Integrating TANF and WIA analysis
TRANSPORTATION
   Cell phone use by New York drivers
   Privatization of highway maintenance
WASHINGTON READER
   California Institute's briefing on federal issues
STUDIES TO COME
   Hydrogen economy in the future
   Lawmakers and the media
Introduction to Studies in the News

Studies in the News is a very current compilation of items significant to the Legislature and Governor's Office. It is created weekly by the State Library's Research Bureau to supplement the public policy debate in California’s Capitol. To help share the latest information with state policymakers, these reading lists are now being made accessible through the State Library’s website. This week's list of current articles in various public policy areas is presented below.

Service to State Employees:

  • When available, the URL for the full text of each item is provided.

  • Items in the State Library collection can be checked out to state officials and staff.

  • Access to all materials listed will be provided by the State Information Reference Center, either by e-mail to cslsirc@library.ca.gov or by calling 654-0261.

The following studies are currently on hand:

CRIMINAL JUSTICE & LAW ENFORCEMENT

MENTAL ILLNESS

"Preserve and Protect: Revised Rule Provides Guidance When Clients Have Diminished Capacity." By Kathleen Maher. IN: ABA Journal, vol. 89 (December 2003) p. 34.

["New approaches to representing clients with diminished capacity are embodied in revisions [to] ... the ABA Model Rules of Professional Conduct.... The Model Rules serve as the basis for most professional conduct codes that govern lawyers at the state level."]

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PROSTITUTION

"Sex Work and Drug Use in a Subculture of Violence." By Hilary L. Surratt and others, Center for Drug and Alcohol Studies, University of Delaware. IN: Crime & Delinquency, vol. 50, no. 1 (January 2004) pp. 43-59.

["This article examines the subculture of violence thesis as it relates to female street sex workers.... Nearly half of the respondents reported physical (44.9%) and/or sexual (50.5%) abuse as children, and over 40% experienced violence from clients in the prior year: 24.9% were beaten, 12.9% were raped, and 13.8% were threatened with weapons."]

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YOUTH

Margaret Farrell v. Jerry L. Harper, Director, California Youth Authority. Complaint For Injunctive and Declaratory Relief. Superior Court for the State of California, County of Alameda. January 16, 2003. 40 p.

Full Text at: www.prisonlaw.com/cyastate.pdf

["[Reports on the California Youth Authority] are related to negotiations over a lawsuit recently filed by the Prison Law Office against the CYA alleging a smorgasbord of ills, from inadequate mental health services to excessively harsh practices for controlling violent inmates.... For years CYA insiders have argued that if the state didn't move faster to fix the system, advocates would sue. It didn't. And they did." Los Angeles Times (February 16, 2004) B1.]

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CULTURE AND SOCIETY

IMMIGRANTS

"Citizenship Begins at Home: A New Approach to the Civic Integration of Immigrants." By Peter Skerry. IN: The Responsive Community, vol. 14, no. 1 (Winter 2003/04) pp. 26-37.

["Using the Resurrection Project of Chicago as a prime example, Skerry proposes a new synthesis in U.S. immigrant policy that holds within it the potential to not only naturalize, but to also suitably integrate immigrants into American society."]

[Request #S1402]

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IMMIGRATION

U.S. Immigration: A Reference Handbook. By Michael C. LeMay. (ABC-Clio, Santa Barbara, California) 2004. 285 p.

["The United States stands alone among nation-states in the degree to which it has absorbed immigrants. It is now home to residents born in 170 other nations of the world. Immigrants ... have profoundly influenced the culture, economy, and politics of this nation of nations." NOTE: U.S. Immigration is available for 3-day loan.]

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DEMOGRAPHY

CALIFORNIA

California County Population Estimates and Components of Change, July 1, 2000-2003: Sacramento, California. By the California Department of Finance. (The Department, Sacramento, California) February 2004.

Full Text at: www.dof.ca.gov/HTML/DEMOGRAP/E-2text.htm

["California's population grew by another 600,000 in the year ending June 30, 2003, to nearly 36 million people, according to the latest numbers released by the Department of Finance. For the first time this decade, the natural increase (births over deaths) was greater than the increase from net migration..... As 300,000 foreign immigrants -- legal and illegal -- arrive in California, another 500,000-plus babies are born and 200,000 or so Californians die." Sacramento Bee (February 15, 2004) A1.]

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IMMIGRANTS

California's Immigrants Turn the Corner. By Dowell Myers and others, School of Policy, Planning and Development, University of Southern California. Urban Initiative Policy Brief. (The School, Los Angeles, California) March 2004. 12 p.

Full Text at: urban.usc.edu/main_doc/downloads/california_summary.pdf

["State Has Less Pull for New Arrivals: California's share of recent immigrants has fallen, study says.... California's share of the nation's new arrivals dropped sharply between 1990 and 2000, snapping a long-standing trend as immigrants looked elsewhere in the country for jobs and housing, USC researchers said.... California, which attracted 38 percent of immigrants in the 1990 census, saw that proportion tumble to about 25 percent in the 2000 census." Sacramento Bee (February 18, 2004) A3.]

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ECONOMY

ARTS & ENTERTAINMENT

Compulsory Licensing vs. the Three "Golden Oldies": Property Rights, Contracts, and Markets. By Robert P. Merges, the Cato Institute. Policy Analysis. No. 501. (The Institute, Washington, DC) January 15, 2004. 15 p.

Full Text at: www.cato.org/pubs/pas/pa508.pdf

["Conceptually, a compulsory license falls midway between granting full copyright, which gives owners broad control, and denying copyright protection altogether.... A compulsory license forces copyright owners to allow use of their works under legislatively set prices and restrictions on use."]

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BUSINESS CLIMATE

California Competitiveness Project: Preliminary Recommendations. By Bain & Co. Prepared for the California Business Roundtable. (The Roundtable, Sacramento, California) February 2004. 3 p.

Full Text at: www.cbrt.org/PDF/CBR%20Preliminary%20Recommendations.pdf

["Discouraged by high costs and strict regulations, just under 60 percent of California business leaders interviewed for a new study said they have policies to restrict job growth in the state or move jobs to other locations in the United States..... The cost of doing business in California is about 30 percent higher than in the average Western state, largely because of higher wages and benefits, according to the study." San Francisco Chronicle (Febrary 24, 2004) A1.]

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CONSUMER PROTECTION

Consumer Protection: Federal and State Agencies Face Challenges in Combating Predatory Lending. By the U.S. General Accounting Office. GAO-04-280. (The Office, Washington, DC) January 2004. 127 p.

Full Text at: www.gao.gov/new.items/d04280.pdf

["GAO said in a report that the Federal Reserve Board should become the lead regulator for banking companies' mortgage lending subsidiaries.... David Wood, the GAO's director of financial markets, urged Congress to give the Fed 'clear authority ' to monitor and examine the subsidiaries and to take enforcement actions against them for consumer-protection violations." The American Banker (February 25, 2004) 12.]

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HOUSING

Land: How to Efficiently Supply the Raw Material for Housing: Hearing. Presented to Senate Committee on Housing and Community Development. (The Committee, Sacramento, California) January 12, 2004. Various pagings.

[Includes: "Background Paper," "Elderly and Disabled Persons Home Improvement Loan Program," "20-Year Land Supply for Housing," "Land to Meet California's Housing Needs: A Bay Area Analysis," "Speaking Points of Secretary Sunne Wright McPeak," and The Economic Benefits of Housing in California."]

[Request #S401]

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INTERNET

The Economic Impact of Taxing Internet Access. By Norbert J. Michel and William W. Beach, Heritage Foundation. WebMemo; 424. (The Foundation, Washington, DC) February 11, 2004. 3 p.

Full Text at: www.heritage.org/Research/InternetandTechnology/wm424.cfm?renderforprint=1

["The Internet Tax Freedom Act of 1997, which imposed a moratorium on taxing Internet access, expired in November 2003. The House passed legislation to continue the moratorium; but the Senate has failed to pass a corresponding bill. Critics of the House bill contend mistakenly that it does more than extend the moratorium and threatens states' ability to collect sales taxes. Even if this were the case though, economic analysis predicts that such taxes would reduce GDP, disposable income, and employment." Heritage Foundation (February 11, 2004) online.]

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PRIVACY

Mainstream Marketing Services v. FTC. 10th U.S. Circuit Court of Appeals. 03-1429, 03-6258, 03-9571, 03-9594. February 17, 2004. 30 p.

["Appeals Court Lets Do-Not-Call Registry Stand: Telemarketers say they'll respect list as they consider next step.... The court called the registry of more than 56 million phone numbers a reasonable attempt by government to safeguard personal privacy and reduce 'the danger of telemarketing abuse.'" San Francisco Chronicle (February 18, 2004) A3.]

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"Financial Privacy Report Card." By the Consumer Federation of California Education Foundation. (The Foundation, Millbrea, California) January 2004. 24 p.

Full Text at: www.consumerfedofca.org/2004_financial_privacy_report_card.pdf

["The Consumer Federation of California's educational foundation released a revealing survey about how financial-services companies share your personal information. Several clear patterns were apparent. One, credit-card issuers tended to be the loosest in sharing customer information without permission." San Francisco Chronicle (January 28, 2004) 1.]

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TELECOMMUNICATIONS INDUSTRY

"Will VOIP Telephone Service Be Subject to Telephone Tax?" By Martin A. Sullivan. IN: State Tax Notes, vol. 31, no. 5 (February 2, 2004) pp. 385-392.

["Will state tax authorities and the Internal Revenue Service continue to give VOIP companies a free ride? ... Although the general view among state regulators appears to be that internet telephone service should be subject to state regulation, few states have taken specific action.... There is little realistic chance of telecom tax reform in the foreseeable future. Nevertheless, telecom tax reform should remain a long-term goal."]

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EDUCATION

ACCOUNTABILITY

Secretary Paige Announces New Policies to Help English Language Learners: States, School Districts Will Have Greater Flexibility to Assist Limited English Proficient Students: Press Release. By The U. S. Department of Education (The Department, Washington, DC) February 19, 2004. 1 p.

Full Text at: www.ed.gov/news/pressreleases/2004/02/02192004.html

["The Bush administration moved ... to defuse mounting criticism of its landmark No Child Left Behind law by announcing a significant relaxation of testing requirements for students with limited knowledge of English. The new regulations will make it easier for schools to meet the annual targets set by the Department of Education and aimed at bringing the performance of all U.S. students up to grade level in math and reading by 2014." Washington Post (February 20, 2004) A1.]

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Inspiring Vision, Disappointing Results: Four Studies on Implementing the No Child Left Behind Act. By Gail L. Sunderman and others, The Civil Rights Project, Harvard University (The Project, Cambridge, Massachusetts) February 6, 2004. Various Pagings

Full Text at: www.civilrightsproject.harvard.edu/research/esea/call_nclb.php?Page=2

["Federal accountability requirements have derailed state education reforms and assessment strategies, according to an analysis released ... by the Civil Rights Project at Harvard University.... The four-part report contends that the mandates of the No Child Left Behind Act have no common meaning across state lines, and that the law's sanctions fall especially hard on minority and integrated schools, requiring much less student progress from affluent suburban schools." Public Education Network Weekly (February 20, 2004) 1.]

[Request #S1414]

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BILINGUAL EDUCATION

A Look at the Progress of English Learner Students. By Paul Warren, Office of the Legislative Analyst. (The Office, Sacramento, California) February 2004. 32 p.

Full Text at: www.lao.ca.gov/2004/english_learners/021204_english_learners.pdf

["Report: English-learning Students' Progress Stymied: California students who are still learning English are taking too long to master their new language, which puts them at risk of falling behind in math and reading and hampering their education, according to a report.... Students who are 'still learning English in grades 4, 5 and 6 risk falling behind in academic proficiency and failing to master the skills needed for success in middle and high school' the report said." Associated Press State & Local Wire (February 12, 2004) 1.]

[Request #S1415]

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HIGHER EDUCATION

Maintaining the Master Plan's Commitment to College Access. By Elizabeth Hill, Legislative Analyst's Office. (LAO, Sacramento, CA) February 2004. 28 p.

Full Text at: www.lao.ca.gov/2004/college_access/021304_college_access.pdf

["UC, CSU Admissions Need Tweak: The University of California and California State University won't have to take the drastic measure of turning away eligible students to cope with the state budget crisis if they change who they're considering for admissions, according to a state report.... Under the 1960 Master Plan, UC should be choosing its students from the top 12.5 percent of high school graduates. Legislative Analyst's office says it may be picking from the top 20.5 percent." Contra Costa Times (February 14, 2004) F4.]

[Request #S1416]

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VIOLENCE

Changing Children's Trajectories of Development: Two-Year Evidence For the Effectiveness of a School-Based Approach to Violence Prevention. By J. Lawrence Aber, Columbia University, and others. National Center for Children in Poverty. (The Center, New York, New York) December 2003. 17 p.

Full Text at: www.nccp.org/media/tcr03-text.pdf

["This research brief describes one of the largest and longest running school-based violence prevention programs in the country -— the Resolving Conflict Creatively Program. The brief is designed to inform federal, state, and local policymakers and opinion leaders, as well as program developers and managers at the local level, of an effective strategy for directly addressing the problem of violence among children and youth."]

[Request #S1417]

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EMPLOYMENT

MINORITIES

Latino Labor Report, 2003: Strong but Uneven Gains in Employment. By Rakesh Kochhar, Pew Hispanic Center. (The Center, Washington, DC) February 2004. 19 p.

Full Text at: www.pewhispanic.org/site/docs/pdf/Latino%20Labor%20Report%202003-2-23-04.pdf

["Latinos, particularly immigrant construction and service workers, have filled a disproportionate number of the jobs created during the national economic recovery.... The number of employed Latinos rose by 659,641 to 17.7 million between the fourth quarter of 2002 and the fourth quarter of 2003, according to a study." San Diego Union-Tribune (February 24, 2004) A1.]

[Request #S1419]

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UNEMPLOYMENT INSURANCE

760,000 Jobless Denied Aid and Counting: Large Numbers of Unemployed Go Without Aid As Administration Remains Silent on Whether to Restart Federal Assistance Program. By Isaac Shapiro, Center on Budget and Policy Priorities. (The Center, Washington, DC) February 25, 2004. 4 p.

Full Text at: www.cbpp.org/2-25-04ui-pr.pdf

["The 760,000 figure is based on previously released data for December, just-released data for January, and a Center estimate for February. New Labor Department data for January show that about 350,000 individuals exhausted their regular unemployment benefits last month and received no further unemployment assistance. In no other month on record, with data available back to 1971, have there been so many 'exhaustees.'"]

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ENERGY

ALTERNATIVE FUELS

San Francisco Leaders Declare Energy Independence: Ordinance Provides Key Steps to Find New Power Provider and Convert City to Solar: Press Release. By American Progressive Community. (The Community, Oakland, California) February 26, 2004. 1 p.

Full Text at: www.commondreams.org/news2004/0218-05.htm

["A San Francisco city legislator introduced an ordinance that would let the city pick new electricity suppliers and sharply increase its use of renewable energy like solar and wind power. The measure would allow San Francisco to set up a community power buyers program to combine the electricity loads of its 780,000 residents and businesses." Plantark.com (February 19, 2004). 1]

[Request #S1421]

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ENERGY EFFICIENCY

Interim Opinion Adopting Funding for 2003-04 Energy Efficiency Programs. And Addressing Certain Petitions and Motions: Alternate Decision. By Commissioner Loretta Lynch. Prepared for the Public Utilities Commission of the State of California. Rulemaking 01-08-028. (The Commission, Sacramento, California) February 11, 2004. 32 p.

Full Text at: www.cpuc.ca.gov/word_pdf/COMMENT_DECISION/34014.pdf

["Responding to the California Public Utilities Commission draft decision, Commissioner Lynch issued an alternate draft decision for allocating $71 million in public goods charge funding for 2004-05 energy efficiency programs. The alternate decision approves programs originally recommended in the draft decision, issued in December, plus two additional programs that received high evaluation scores. The alternate decision also allocates funding to five new programs that received high scores but did not receive a staff funding recommendation." Newswire (February 18, 2004) online.]

[Request #S1422]

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ENVIRONMENT & NATURAL RESOURCES

ENVIRONMENTAL PROTECTION

Strategies for Establishing an Environmental Health Surveillance System in California: A Report of the SB 702 Expert Working Group. By Joyce C. Lashof, University of California, Berkeley, and others. (California Policy Research Center, Berkeley, California) February 2004.

["A group of scientific experts urged state officials to set up a statewide surveillance system to track diseases and possible links with environmental hazards.... The group recommends that the state Department of Health Services and the California Environmental Protection Agency set up an interagency Office of Environmental Health Tracking to oversee a surveillance system." Contra Costa Times (February 24, 2004) F4.]

Report. 149 p.
catracking.com/resources/ewg/sb702report/Full_Report_(pre_publication_draft)_final.pdf
CPRC brief. 4 p.
www.catracking.com/resources/ewg/sb702report/CPRC_Brief_final.pdf

[Request #S1423]

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HAZARDOUS WASTE

Body of Evidence: New Science in the Debate Over Toxic Flame Retardants and Our Health. By Yana Kuchner and Meghan Purvis, Environment California, Research and Policy Center. (The Center, San Francisco, California) February 2004. And Flame Retardants in Puget Sound Residents: First Round of Results from a Study on Toxic Body Burdens. By Clark Willims-Derry, Northwest Environment Watch. (The Watch, Seattle, Washington) February 2004.

["A report cites new research that the fireproofing chemical is turning up in peregrine falcons and in the breast milk of mothers in the United States and that it may be more harmful than previously thought. The chemical, known as 'deca,' is one of a class of chemicals known as PBDEs, or polybrominated dephenyl ethers. Two other types--penta and octa--are being phased out in California because of evidence that they are accumulating in humans and the environment and can cause damage the nervous system."]

Body of Evidence. 37 p.
http://www.environmentcalifornia.org/reports/BodyofEvidenceEnvCal.pdf

Flame Retardants in Puget Sound Residents. 19 p.
http://www.northwestwatch.org/pollution/WA_PBDEs.pdf

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OPEN SPACE

Are We Paving Paradise? By Randall O'Toole, Reason Foundation. (Reason Public Policy Institute, Los Angeles, California) January 2004. 4 p.

Full Text at: www.rppi.org/pb17.pdf

["The Census Bureau seems to count all the land in a town's legal boundaries, and that sometimes includes a lot of land.... Both the Census and the Natural Resource Inventory agree that about 95 percent of the U.S. remains rural open space, even applying the most liberal use of the term 'developed.'"]

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GENERAL GOVERNMENT

CAMPAIGN FINANCE

"The Price of Your Honor. How Much Are Judges Really Spending to Get Elected?" By Lucia Hwang. IN: California Lawyer, vol. 24, no. 2 (February 2004) pp. 15-18.

["An analysis by California Lawyer of contested superior court races from 1996 to 2002 reveals that though some spending has increased, about half of winners still spend less than $75,000 to secure their seats.... The study bucks conventional wisdom that the costs of those elections has skyrocketed."]

[Request #S1426]

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COURTS

"Damaging Disrespect." By Molly McDonough. IN: ABA Journal, vol. 89, (December 2003) pp. 56-61.

["A study by the National Center for State Courts found that twice as many African Americans continue to believe that court outcomes are seldom or never fair compared to those who believe they are always or usually fair. The study also found that white respondents tend to believe that unequal treatment occurs infrequently, while African-American and Latino respondents tend to believe unequal treatment occurs frequently.... These findings are consistent with a number of task force studies in which large percentages of women and minorities say bias is common in the courts."]

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FEDERAL GRANTS

Competitive Grant Update. By Federal Funds Information for States. FFIS Competitive Grant 04-02 - 04-03. (FFIS, Washington, DC) February 13-20, 2004. Various pagings.

[Includes : “Foreign Market Development Cooperator Programs;” “Fiscal Year 2004 Food Stamp Program Outreach Grants;” “Farm Labor Housing Grants for Off-Farm Housing;” “Technical Assistance for Specialty Crops Program;” “Elementary and Secondary School Counseling Programs;” “Addressing Asthma From a Public Health Perspective;” “Grants to Reduce Violent Crimes Against Women on Campus;” Partners for Fish and Wildlife Program;” ” Research Infrastructure In Minority Institutions;” “Research On Rural Mental Health And Drug Abuse Disorders;” “Research Infrastructure In Minority Institutions;” and others.]

[Request #S1428]

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PERFORMANCE MEASURES

High-Performing Organizations: Metrics, Means, and Mechanisms for Achieving High Performance in the 21st Century Public Management Environment: Comptroller General's Forum. By the U.S. General Accounting Office. GAO-04-343P. The Office, Washington, DC) February 2004. 33 p.

Full Text at: www.gao.gov/new.items/d04343sp.pdf

["There was broad agreement among participants at the forum on the key characteristics and capabilities of high-performing organizations, which comprise four themes as follows: A clear, well-articulated, and compelling mission; Strategic use of partnerships; Focus on needs of clients and customers; and Strategic management of people.... During the forum, the Comptroller General offered several options to facilitate transformation and to achieve high performance in the federal government."]

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REDISTRICTING

"United States Supreme Court Case Preview: Vieth v. Jubelirer: Judicial Review of Political Gerrymanders. By J. Clark Kelso, McGeorge School of Law, University of the Pacific. IN: Election Law Journal, vol. 3, no. 1 (2004) pp. 47-51.

["A three-judge district court held that plaintiffs failed to present sufficient evidence to establish their claim that defendants had engaged in an unconstitutional partisan gerrymander in the 2002 Pennsylvania congressional redistricting.... We can expect to see opinions in this case that reveal to us the justices' most foundational ideas about representative democracy and the role of the judiciary in protecting and nurturing our political institutions."]

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RESEARCH

"An Overview of California's Research and Development Tax Credit." By Mark A. Ibele and Jon David Vasche, Office of the California Legislative Analyst. IN: State Tax Notes, vol. 31, no. 6 (February 9, 2004) pp. 461-487; Appendices.

["A state research credit is likely to be costly overall relative to the benefits it provides in terms of additional research activity.... We recommend that the legislature not expand the RDC unless convincing evidence is found indicating that it is warranted. Furthermore, we recommend that the legislature consider reducing the credit or phasing it out over time."]

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STATE BUDGET

"Terminator at the Crossroads." By Frank Shafroth. IN: State Tax Notes, vol. 31, no. 4 (January 26, 2004) pp. 305-308.

["The executives, the International Monetary Fund, and the Congressional Budget Office describe a nation at a crossroads. A crossroads implies that there are four directions: forwards, back, left, or right.... Schwarzenegger's budget might test this crossroads theory sooner than even he anticipates. His budget calls for placing a constitutional amendment on the ballot to allow the state government to contract with private firms for some services, allowing for 'competition in government through outsourcing.'"]

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STATE FINANCES

"Creating a National State Rainy Day Fund: A Modest Proposal to Improve Future State Fiscal Performance." By Richard Mattoon. IN: State Tax Notes, vol. 31, no. 4 (January 26, 2004) pp. 271-288; Appendices.

["This proposal for a national rainy day fund is based a practical problem states face when trying to put aside significant savings. Once significant balances accrue, political pressure to spend the balances or cut taxes depletes fund balances. A national fund would allow reserves to accumulate without facing this political restraint."]

[Request #S1433]

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HEALTH

DIABETES

An Early Warning Sign: Diabetes Deaths in California Legislative Districts. By California Center for Public Health Advocacy. (The Center, Davis, California) February 2004. Various pagings.

Full Text at: www.publichealthadvocacy.org/policy_briefs/study_documents/Diabetes_Full_Report.pdf

["In what could be a somber warning for California's 3 million overweight kids, a leading state health expert has discovered more adults are dying of diabetes in the same areas where childhood obesity thrives. Pediatricians treating the wave of plump patients say 60 to 80 percent of them will stay fat as adults and have a higher risk of developing heart disease, kidney failure, blindness and other diabetes-related diseases later in life.... Goldstein says it's easy to scan ZIP codes and see that the poor neighborhoods without grocery stores and safe places to exercise are producing more unhealthy kids." San Francisco Chronicle (February 27, 2004) 1.]

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HEALTH CARE FINANCE

Ventura County Medical Center Discount Policy for Self Pay Patients: Memorandum. By the Ventura County Health Care Agency. Presented to the Ventura County Board of Supervisors. (The Agency, Ventura, California) February 10, 2004. 5 p.

Full Text at: gsa-docushare.countyofventura.org/dscgi/ds.py/Get/File-10690/20040205084852.PDF

["Responding to a growing number of people without health insurance, Ventura County is expanding steeply discounted rates at its only public hospital to make it more affordable to working families. Under the plan, rates are tiered by income and family size. Patients with household incomes near $30,000 qualify for a 75% discount or a charge equal to 50% of Medicare rates, whichever is lower. But the working poor are not the only ones eligible for a discount. Families with a $75,000 income qualify for a 25% discount or a payment equal to 80% of Medicare rates." Los Angeles Times (February 11, 2004) 1.]

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MEDICAID

Audit of The Medicaid Drug Rebate Program In California. By Office of Inspector General, Department of Health and Human Services. (The Office, Washington, DC) 2004. 19 p.

Full Text at: www.oig.hhs.gov/oas/reports/region9/90300038.pdf

["According to the audit, state health officials failed to collect rebates that pharmaceutical companies owed under a 1990 federal law that requires drug makers to sell prescription drugs to state health programs at a reduced rate. Medi-Cal in 2004 is expected to spend $5 billion on drugs and collect about $1.5 billion in rebates, Stan Rosenstein, Department of Health Services deputy director of medical care services, said. The audit also found that state accounting system failures and incomplete documentation contributed to the backlog of rebates, some of which date from 1991." Orange County Register (February 5, 2004) 1.]

[Request #S1436]

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MEDI-CAL

"Remodeling" the Drug Medi-Cal Program. By Elizabeth Hill, Legislative Analyst's Office. (The Office, Sacramento, California) February 11, 2004. 19 p.

Full Text at: www.lao.ca.gov/2004/drug_medi-cal/021104_drug_medi-cal.pdf

["California's program for substance abuse treatment services ... provides a patchwork of services.... In this report, we recommend an approach for addressing these concerns which would provide greater authority and resources for community-based services, contain the fast-growing costs of methadone treatment, and integrate a new and potentially more cost-effective mode of treatment into Drug Medi-Cal that does not require a net increase in state General Fund resources."]

[Request #S1437]

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PATIENTS' RIGHTS

"ERISA Again: High Court Takes Another Look at Pre-Emption in HMO Disputes." By David G. Savage. IN: ABA Journal, vol. 90, no. 2 (February 2004) p. 14.

["The U.S. Supreme Court justices have agreed to hear a Texas case that could decide the legal rights of 130 million Americans who receive medical care as a benefit provided by an employer or union. The case asks whether these health care plans may be sued for damages in state court if they provide substandard medical care."]

[Request #S1438]

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HOUSING

HOMEBUYING

"Dream Home Nightmares: Difficulties Abound for Owners Who Seek to Recover for Defects in a House They Have Already Purchased." By Martha Neil. IN: ABA Journal, vol. 90, no. 2 (February 2004) pp. 47-53.

["Resolving conflicts over defects and repairs of houses or condominiums can be difficult, and sometimes prohibitively expensive, even though changes in the law in recent years have generally imposed more duties on sellers of real estate and their agents to disclose defects, including environmental hazards, to buyers."]

[Request #S1440]

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HUMAN SERVICES

ELDERLY

"Domestic Elder Abuse and the Law." By Gerald J. Jogesrt and others IN: American Journal of Public Health, vol. 93, no. 12 (December 2003) pp. 2131-2136.

["Cases of Elder Abuse is Underreported: Cases of elder abuse are underreported and are resolved inconsistently nationwide due to significant differences in laws between states, according to a new study. The study is thought to be the first to compare rates of elder abuse to laws in all 50 states.... States that require mandatory reporting and tracking of elder abuse reports have a much higher investigation rates than states without such requirements." NewsFindLaw.com (December 2,2003) 1.]

[Request #S1441]

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SOCIAL POLICY

Aligning Policies and Procedures In Benefit Programs: An Overview of the Opportunities and Challenges Under Current Federal Laws and Regulations. By Sharon Parrott and Stacy Dean, Center on Budget and Policy Priorities. (The Center, Washington, DC) January 6, 2004. 17 p.

Full Text at: www.cbpp.org/1-6-04wel.pdf

["Current federal law allows for substantial alignment in key areas of procedural requirements and eligibility policy. This flexibility can be used to create a system in which it is far easier for families to access program benefits and for states to administer those benefits."]

[Request #S1442]

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TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

Welfare Caseloads Increase in 27 States Between June and September 2003: National Welfare Caseload Remains Flat; Contrasts with Rising Food Stamp Caseload. By Hedieh Rahmanou and Mark Greenberg, Center for Law and Social Policy. (The Center, Washington, DC) February 17, 2004. 7 p.

Full Text at: www.clasp.org/DMS/Documents/1077051715.36/Q3_2003_TANF_caseload.pdf

["Overall, the national caseload remained essentially flat, declining by 0.1 percent between June and September 2003. Over the past year (September 2002-September 2003), the national caseload increased by 0.4 percent, and 30 states had caseload increases." U.S. Newswire (February 17, 2004) 1.]

[Request #S1443]

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Integrating TANF and WIA Into a Single Workforce System: An Analysis of Legal Issues. By Mark Greenberg and others, Center for Law and Social Policy. (The Center, Washington, DC) February 2004. 43 p.

Full Text at: www.clasp.org/DMS/Documents/1076610053.59/TANF-WIA_Integration.pdf

["Working in consultation with state and local officials, the partner organizations developed three models of cross-system integration focusing on WIA-TANF integration, comprehensive services for children and families; and benefits simplification. The components of these models were then analyzed to determine whether current federal laws or regulations permitted, prohibited or hindered the implementation of models. This paper identifies and analyzes legal issues faced in efforts to integrate TANF and WIA funding into a single workforce system."]

[Request #S1444]

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TRANSPORTATION

HIGHWAY SAFETY

"Longer Term Effects of New York State's Law on Drivers' Handheld Cell Phone Use." By A. T. McCartt and L. L. Geary. IN: Injury Prevention, vol. 10, no. 1 (February 2004) pp. 11-15.

Full Text at: ip.bmjjournals.com/cgi/reprint/10/1/11.pdf

["New York drivers hung up their cell phones for a while when the state banned them three years ago, but are back to using hand-held models at nearly the same rate they were before the ban, a study showed.... The report attributed the behavior mostly to a lack of publicity, a possible warning to the other states and cities considering similar bans." Associated Press (February 4, 2004) 1.]

[Request #S1445]

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HIGHWAYS

Competitive Contracting for Highway Maintenance: Lessons Learned from National Experience. By Geoffrey F. Segal, Reason Foundation, and Eric Montague. (Reason Public Policy Institute, Los Angeles, California) January 2004. Various pagings.

Full Text at: www.rppi.org/highwaymain.shtml

["Highway maintenance contracting is used by many states to increase flexibility, ensure high quality and reduce cost for vital highway infrastructure. These positive results are distorted by a recent Washington State Department of Transportation analysis of highway maintenance contracting. Competitive contracting is a vital component of a modern and efficient state government. For that reason Washington Policy Center and Reason Foundation have combined to provide a critical review of the WSDOT research."]

[Request #S1446]

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WASHINGTON READER

California Capitol Hill Bulletin. By the California Institute For Federal Policy Research. Vol. 11, Bulletin 6. (The Institute, Washington, DC) February 27, 2004. 9 p.

Full Text at: www.calinst.org/bulletins/b1106.pdf

[Includes: "Bipartisan California Delegation Letter Seeks USDA Help Against Pierce's Disease;" "House Sends Senate Two-Month TEA-21 Extension;" "California Democrats Urge Joint Effort with Governor to Fight for FY05 Federal Funding;" and others.]

[Request #S1447]

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STUDIES TO COME
[The following studies, reports, and documents have been ordered or requested, but have not yet arrived. Requests may be placed, and copies will be provided when the material arrives.]

ENERGY

ALTERNATIVE FUELS

The Hydrogen Economy: Opportunities, Costs, Barriers, and Research and Development Needs. By the Committee on Alternatives and Strategies for Future Hydrogen Production and Use, National Research Council. (National Academies Press, Washington, DC) 2004. 394 p.

Full Text at: www.nap.edu/catalog/10922.html

["The report is perhaps the most comprehensive nonpartisan attempt yet to analyze hydrogen's potential, along with its drawbacks.... Even if the most optimistic predictions prove true, and the first hydrogen fuel cell vehicles reach commercial showrooms by 2015, it would take at least another quarter-century before they have a major impact on the market, the panel concluded.... Given the risks of the hydrogen bubble bursting, the academy panel urged the Bush administration to adopt a 'balanced portfolio' of energy research projects as a fallback." San Francisco Chronicle (February 9, 2003) 1.]

[Request #S1439]

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GENERAL GOVERNMENT

LEGISLATURES

Western Lawmakers Meet the Media. Council of State Governments-WEST (CSG-WEST) Special Report. (CSG-WEST, Sacramento, California) Winter 2003. 8 p.

["This report provides information on a debate between lawmakers and a panel of journalists at an annual meeting of Western lawmakers. It includes: "Is Statehouse Coverage Adequate? Is it Accurate?" "Informal Rules of the Road from Statehouse Reporters;" "Ten Commandments on How to Avoid Bad Press;" "Learning to Handle the Media;" "How to Work with the News Media;" and others. NOTE: Western Lawmakers Meet the Media will be available for 3-day loan.]

[Request #S1448]

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