SLS Intern Contribution: Motor Voter Decoder

By SLS Legal Research and Writing Intern Matt Adamo

"VOTE" by Theresa Thompson is licensed under CC BY 2.0

     Have you ever wondered how we can positively impact our futures by exerting minimal effort? Everyone wants to change the world, but no one knows where to begin. A representative democracy allows each citizen to influence any political decision that may or may not immediately affect their personal lives. With that knowledge, how come political participation among young adults is so lackadaisical?

SLS Intern Contribution: Hazing and UC San Diego

By SLS Legal Research and Writing Intern Sandy Garcia

 

"College hazing-flour" by Pete Morris is licensed under CC BY-NC-SA 2.0

A new quarter marks the beginning of on-campus organizations' recruitment of new members. While getting involved on campus is highly encouraged, it is also important to be safe. Both student leaders and new recruits should have an understanding of hazing. After all, hazing violates both California state law and UCSD policy.  For these reasons, it is important to understand what hazing is, how to be able to identify it when it happens, and understand its consequences. 

SLS Intern Contribution: The UC San Diego Bike Guide

By SLS Legal Research and Writing Intern Devon Brooks

"architecture: geisel library" by Jonathan Cohen is licensed under CC BY-NC 2.0

          With classes that are 10 minutes apart and a campus that is 1,900~ acres, traveling by bike is convenient.  However, before you unlock your bike and pedal on over to Center Hall, there are some legal tidbits you should know.

SLS Intern Contribution: Patent Trolls

By SLS Legal Research and Writing Intern Brynna Bolt

"New-Troll-1" by EFF Photos is licensed under CC BY 2.0

Chances are you, or someone you know, has probably had an idea for a new mobile app. Before you take the development of your idea any further, though, there are some things you should know about patent trolls.

Patent trolls typically do not manufacture new products or develop new ideas, but instead purchase intentionally broad patents from bankrupt companies in need of funds. Then, when these patents are inevitably infringed upon, the troll can threaten or use litigation to force infringers to pay for their use of the patented technology or idea.

Case Highlight: Google's Right to Read Your Emails Shot Down

Thought your Gmail account was private? It was not before, but it may be now.

Not only did Google admit to reading user emails for content to target its advertising campaigns to its users, but Google argued in federal court that Gmail users had no expectation of privacy regarding their email accounts. Thus, it was total legal for Google to scan Gmail account users' emails without the users' knowledge or permission.

Google argued in its brief: "Just as a sender of a letter to a business colleague cannot be surprised that the recipient's assistant opens the letter, people who use web-based email today cannot be surprised if their emails are processed by the recipient's [email provider] in the course of delivery.'" (Motion to dismiss, Page 19)

Privacy activists, however, rejoiced when Judge Lucy H. Koh rejected Google's argument. In her decision, Judge Koh ruled that reading emails is not a necessary part of Google's business operations and that California's Invasion of Privacy Laws apply to opening and reading online communications without consent.

Or more simply, Google violates privacy laws when it scans our personal emails to determine what ads to show us based on our emails' content.

Though this decision is exciting and new, the real-life implications of this decision have yet to be felt. Google will almost certainly appeal the decision, and there is no reliable prediction as to how federal appeals courts may handle the issue. You can check back in with Student Legal Service's blog in the future for any developments on this case!

Case Highlight: "Liking" on Facebook is Protected by First Amendment

Everyone knows the First Amendment protects individuals from government censorship of their freedom to speak or express themselves. As Americans, we have the right to peacefully protest or express our ideas in public spaces.

However only recently have courts begun to apply this 200-year-old document to modern technology and the new forms of digital "speech" or "expression" created by this technology.

In a decision last week, Chief Judge Traxler from the Fourth Circuit Court of Appeals held that a person "liking" another person's page or post on Facebook is protected speech under the First Amendment.

In this particular case, a man named Mr. Carter was fired by his government employer for "liking" the Facebook page of a political candidate. It just so happened Mr. Carter's boss was running for election and Mr. Carter had "liked" the Facebook page of the candidate opposing his boss! Mr. Carter later sued, alleging that his termination was retaliatory and violated his First Amendment right to digitally "like" whichever politician he chooses.

Chief Judge Taxler wrote:

In sum, liking a political candidate's campaign page communicates the user's approval of the candidate and supports the campaign by associating the user with it. In this way, it is the Internet equivalent of displaying a political sign in one's front yard, which the Supreme Court has held is substantive speech.

So feel free to "like" UC San Diego's Student Legal Service's Facebook page now that you know you are protected by the First Amendment of the U.S. Constitution!

Buyer Beware: Tips for Auto Loans

College is a time when many students purchase their first car. Not surprisingly, college students also tend to have below-average credit scores and credit histories. This makes college students prime targets for predatory lending and bad auto loans!

Having a short credit history or low credit score makes obtaining an auto loan difficult but not impossible. There are plenty of lenders willing to offer auto loans to students with such credit, however, the terms of those loans are usually very unfavorable.

Because a financing contract is like any other legally-binding contract, a person must repay an auto loan on whatever terms they signed and agreed to. So the best thing a student can do before car shopping is to educate themselves on auto loans and which loans not to sign.

Interest Rates

It is common knowledge that lower interest rates are better than higher interest rates. But students should know they have some power in negotiating lower interest rates and should be shopping around to compare rates from different lenders.

A simple illustration to highlight the importance of interest:

New Campus Smoking Policy

This fall marks the beginning of a major change in UC San Diego's smoking and tobacco policy. UC San Diego's previous smoking policy mirrored California state law- smoking was not permitted in any indoors spaces, nor within 20 feet of public buildings.

However, on September 1, 2013, UC San Diego will become a completely smoke-free and tobacco-free campus. This means no smoking will be permitted on any campus property, regardless of how far you are from a building. Even smoking in the middle of the Regents parking lot violates the new policy!

This policy affects both students and staff alike. It will even extend to guests of the university. This means that students or organizations holding any events on the UC San Diego campus must communicate to their guests that smoking is prohibited on campus.

Under the ban, even the on campus use of e-cigarettes will be prohibited. Readers should note that marijuana, even for medicinal purposes, has never been permitted on UC San Diego property.

UC San Diego officials have indicated the University has a right to issue citations and fines to individuals who violate the tobacco and smoking ban. However, at this time the University has not indicated that it will immediately begin to exercise its right to issue these citations. UC San Diego students who repeatedly violate the smoking ban may face chargers under the Student Conduct Code.

For UC San Diego students with the Student Health Insurance Plan (SHIP), Student Health Services offers special smoking cessation programs. Additional information for UC San Diego students and staff to quit tobacco products can be found on the Smoke Free UCSD website.

California Law Highlight: Employer Use of Social Media

California became one of the first states in the country to enact a law prohibiting employers and universities from demanding a person's social media username and password.

What is known as the Social Media Privacy Act is actually comprised of two different laws signed by Governor Brown in 2012 and enacted on January 1, 2013

Employers: California Assembly Bill 1844 prohibits a private employer from requiring or even requesting an employee or job applicant's social media usernames and passwords.  This is meant to protect your privacy from snooping employers (or prospective employers!) who may be looking for information about you beyond your resume.

Additionally, the law prohibits an employer from firing, disciplining, threatening to fire or discipline, or otherwise retaliating against an employee who asserts their rights under this law.

Please note! Any information a person has on a social media website that is viewable by the general public is still fair game. Employers may still use whatever information they can find about a person by just searching them on the internet. This law is meant to only stop employers from requesting access to private accounts.

Illegal Downloading & File Sharing

Peer-to-peer file sharing programs such as LimeWire, FrostWire, uTorrent, or eMule are awfully tempting. Students are known for living on shoestring budgets, so who wouldn't want free music, movies, or software?

However, if you do not have the copyright owner's permission to copy or share the file you could be charged with a federal crime and/or sued in civil court.

The Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) has specifically targeted college students in expensive lawsuits for alleged copyright violations.

Here at UC San Diego, university officials routinely receive "Cease and Desist" letters based on UC San Diego students' illegal fire sharing via the university's networks. In fact, within the last few years over 100 UC San Diego students have been sued for copyright violations, even when the alleged illegal download was the student's first ever.

Knowing Your Privacy Rights: FERPA

Though many students do not know it, all UC San Diego students have certain privacy rights guaranteed to them by the Family Educational Rights and Privacy Act of 1974 ("FERPA").

FERPA is a federal law designed to protect all students who attend institutions receiving federal funding, including UC San Diego. If UC San Diego is found to have violated FERPA it may be in jeopardy of losing its federal funds.

In a nutshell, FERPA obligates UC San Diego to ensure the privacy and accuracy of education records. This means UC San Diego must comply with student requests to view his or her education records, and it must give students the opportunity to request an amendment to education records he or she feels are inaccurate.

More importantly, FERPA greatly restricts access to students' education records by the general public. Here are some of the only people allowed to access a UC San Diego student's education records:

1. The student;
2. UC San Diego officials who have a "legitimate educational interest";
3. Other schools to which a student may be transferring;
4. Appropriate officials in cases of health and safety emergencies; and
5. Anyone else the student gives written consent to access his or her education records (a common example is graduate programs to which a student may be applying).

For a full list, visit this FERPA resource page

Interesting facts about FERPA:

• FERPA keeps your educational records private from most people. This includes your parents if you are 18 or over!
• Students under the age of 18 have FERPA rights, however their parents also have the ability to also access records.
• Your FERPA rights exist all the way up until your death, not when you leave the university.
• Something as seemingly innocent as a professor leaving graded assignments in an unmonitored area for student pick-up may be a violation of your FERPA rights.
• If you feel your FERPA rights have been violated you may file a complain with the U.S. Department of Education.

Are You a UC San Diego Pre-Law Student?

For the second year, UC San Diego is collaborating with California Western School of Law to provide the A.I.M. for Law Program to UC San Diego undergraduate students. This program is free!

Please note that Student Legal Services is not affiliated with this program, however many of last year's A.I.M. for Law participants let us know how much they enjoyed the program. We though we would pass that information along to other interested UC San Diego students!


A.I.M. for Law will meet once a week from October 1st through December 3rd on Tuesdays from 7:10-9:00pm to do things such as:

• Learn how to study for the LSAT 
• Meet attorneys, law professors, and law student guest speakers 
• Learn how to prepare and apply for law school and financial aid 
• Practice writing law school exams 
• Learn to brief legal cases 
• And more!

 Former participants are currently attending law school at California Western, Georgetown, UC Irvine, and University of San Diego.  Here is what some had to say about A.I.M. for Law:

• I really enjoyed all these classes.  I learned so much about law in this program!  It reassured me that law school is something I want to do. 
• A.I.M. was extremely effective in preparing me for the law school application process.  It was definitely, without a question, worth the time and effort. 
• A.I.M. for Law was extremely effective!  I gained so much knowledge about the LSAT and how to get into and be successful in law school.

To apply, contact Program Manager Drew Lautemann, Esq. at DLautemann@cwsl.edu or 619-204-4678.  Please note that space is limited.

Supreme Court Recap- Affirmative Action

Not many United States Supreme Court cases directly address universities, however this past June the Court did exactly that with the case Fisher  v. University of Texas at Austin.

Ms. Fisher outside the United States Supreme Court

In the Fisher case, a young white woman was denied admission to the University of Texas at Austin. Ms. Fisher subsequently filed a lawsuit against the University alleging that she was a victim of racial discrimination because minority students with less impressive credentials than hers had been admitted when she had not.

Case Highlight: Criminal Background Checks

Part of what we do at Student Legal Services is help educate students on how any additions to their criminal records may affect their future ability to find employment or get into graduate school.

Recently the U.S. Equal Employment Opportunity Commission (EEOC) filed a couple of lawsuits challenging some employers' uses of job applicant background checks. The legal community, as well as Student Legal Services, will be waiting to see how these cases pan out and how that may affect future e criminal background check processes.

Getting "Written Up": Student Conduct Code Violations

We <3 UCSD's Res Life staff! (Sixth College)

Believe it or not, sometimes one of the amazing, smart, and talented students here at UC San Diego makes a bad decision and gets "written up" for an alleged violation of the Student Conduct Code.

UC San Diego has quite a few resources that we refer to students looking for more information on the Student Conduct process:

1. Take a look at the actual Student Conduct Code! It is amazing how many students never even read the Student Conduct Code, even when faced with a possible violation.
2. If you have scheduled a Resolution Meeting or are facing a Review, contact the Associated Students of UC San Diego's Student Advocates. They are undergraduate students trained by our office and the Office of Student Conduct, and their job is to give students information about their upcoming Student Conduct processes and even attend their meetings with them.
3. Know your rights! The Student Conduct Code contains many provisions that are meant to protect your rights and maintain a fair judicial process. You are entitled to copies of incident reports, to know possible sanctions before "admitting" to anything, and to a certain number of days to appeal decisions.

Finally, Student Legal Services is happy to assist currently registered UC San Diego students facing any alleged Student Conduct violations. We know the process may seem overwhelming at times and we do what we can to educate our students about what to expect and how to act accordingly.

Moving Out: Where is my deposit?

Earlier Student Legal Services wrote a post for those students who are getting ready to move into a new off-campus apartment. But not all newly-signed leases around UC San Diego are for first-time lessees!

Many students will be ending their current leases in anticipation of another move within San Diego, or perhaps off to an exciting place for grad school or a job.

Here are some quick bits of information about security deposit refunds in California!

• California Civil Code Section 1950.5 lists the only four reasons why a landlord may keep a tenant's security deposit:
• for unpaid rent;
• for cleaning the rental unit to restore it back to the condition it was in when the tenant moved in;
•  for repair of damages beyond normal wear and tear; and
• if the lease allows for it, for cost of restoring furniture or furnishings.

• Leases can never state that the security deposit is "non-refundable"!

 

• Within 21 calendar days of a tenant moving out, the landlord must send the tenant one of the following:
•  the tenant's full refund, or
• an itemized statement listing amounts that will be withheld and the reasons for those deductions, along with the remaining deposit.

• Under Grandberry v. Islay Investments (1995) 9 Cal.4th 738, 745, the California Supreme Court held that the failure to provide a full refund or statement of deductions within 21 days makes the landlord lose his or her right to keep any of the security deposit.

As always, Student Legal Services is happy to meet with any currently-registered UC San Diego students seeking information or assistance in the return of their rental security deposits.

Under 21? Two California laws that may suspend your driver's license.

The DMV location in Hillcrest, San Diego, California

 Students are often surprised to hear of two separate California laws that result in the suspension of their drivers’ licenses, even though those crimes have nothing to driving or being near a vehicle!

Scenario #1: Minor in Possession of Alcohol

Stuart Student is under the age of 21 and is at a friend’s apartment drinking beer. The social gathering gets loud enough to annoy the neighbors and they call the cops. Stuart Student subsequently get cited by a police officer for “Minor in Possession of Alcohol,” or violation of California Business and Professions Code section 25662.

Result: If Stuart Student either pleads guilty to, or is convicted of, being a minor in possession of alcohol, the Court must suspend his driver’s license for a year! Keep in mind, Stuart Student was nowhere near his car, was not trying to drive, nor was he storing alcohol in his car!

Scenario #2: Possession of Less than One Ounce of Marijuana

Ursula Undergrad is 19 years old and likes to smoke marijuana. Ursula Undergrad does not have a prescription for medical marijuana but is not afraid of an infraction ticket, so she puts a baggie of marijuana in her pocket before heading to class.  Later Ursula Undergrad is stopped by a police officer for jaywalking and she confesses to the officer that she has less than an ounce of marijuana in her pocket. She knows it is only an infraction to possess so little marijuana, so she thinks "what is the big deal?"

Result: While it is true that under California Health and Safety Code 11357(b) Ursula only faces an infraction for her possession of marijuana, because she is under the age of 21, California Vehicle Code 13202.5 requires that her driver’s license be suspended for a year if she pleads guilty to or is convicted of the infraction. Again, Ursula Undergrad was not driving her car at the time, nor was she anywhere near her car! Yet, she may lose her license.

Student Legal Services has met with many UC San Diego students who have found themselves in positions much like "Stuart" or "Ursula" above. If you are a currently-registered UC San Diego student, please do not hesitate to contact our office if you want more clarification on the special effect of some California laws on students under the age of 21.

It Is That Time of Year: Moving off Campus!

With Spring Quarter finals just around the corner, thousands of UC San Diego students are preparing to move out of their on-campus residences and into a house or apartment off campus next year. Moving off campus is a right of passage, but student tenants need to be aware that leases are binding legal contracts that come with many rights and responsibilities.

Part of signing a lease includes paying a security deposit to the new landlord. Students frequently ask us how they can maximize their chances of getting their entire security deposit back at the end of the lease. We  encourage students to watch this little video we created with the help of TritonTV.

If you take anything away from the video (other than the idea that some landlords like to wear capes and phony mustaches), we hope it will be this:

• When you get the keys to your new place, but before you move any furniture in, be sure to document the condition of the residence by taking lots of photographs! (Using an inspection checklist is also a good idea.)
• Take pictures of everything--the walls, floors/carpets, cabinets, appliances, etc.--and pay special attention to anything in the residence that is not in perfect condition.
• Promptly print the photographs and mail them to yourself at your new address. When the photos arrive in the mail, do not open the envelope! Keep it sealed so that you can use the date stamp on the envelope to show when you took the pictures and mailed them. A dated and sealed envelope full of detailed photos is the best evidence you can have if a dispute arises with the landlord over the security deposit or the condition of your residence when you move out.
• Make sure to take photos and mail them to yourself both when you move in and move out!

If you are a currently registered UC San Diego student, call Student Legal Services to make an appointment with an attorney to go over your lease contract with you or answer any other landlord/tenant questions you may have.

Until next time, good luck on finals, and happy renting!