Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 30 of 32
Full-Text Articles in Law
A Foreign Investor's Guide To The Environmental Legal Regime Of Hong Kong, Ferheen Mahomed
A Foreign Investor's Guide To The Environmental Legal Regime Of Hong Kong, Ferheen Mahomed
San Diego Law Review
This Article discusses the existing environmental legal regime of Hong Kong. It attempts to provide the foreign investor with a brief background to Hong Kong's political, legal, and economic structure. It also examines in some detail the four major areas of pollution control legislation in Hong Kong: air, water, noise, and waste disposal. It gives a general overview of both environmental legislation currently in force, and that which is expected to be enacted in the future. The author suggests that the increasing prominence of environmental issues in the commercial and legal fields in Hong Kong will allow for a wide …
"With The Intent To Inflict Such Injury": The Courts And The Legislature Create Confusion In California Penal Code Section 12022.7, Michael M. Blazina
"With The Intent To Inflict Such Injury": The Courts And The Legislature Create Confusion In California Penal Code Section 12022.7, Michael M. Blazina
San Diego Law Review
This Comment discusses California Penal Code Section 12022.7, which states in relevant part, "any person who, with the intent to inflict such injury, personally inflicts great bodily injury on any person… shall… be punished by an additional term of three years." The Comment addresses whether the specific or the general intent label applies to section 12022.7's mental element and what the mental element of section 12022.7 actually requires. The author suggests that California's doctrines of general and specific intent are complicated and difficult. Due to this difficulty, the author recommends that the legislature modify the language of section 12022.7's intent …
The Canadian Environmental Legal Regime: A Road Map For The Foreign Investor, Roger Cotton, John S. Zimmer
The Canadian Environmental Legal Regime: A Road Map For The Foreign Investor, Roger Cotton, John S. Zimmer
San Diego Law Review
This Article provides potential foreign investors and general readers with a broad overview of the Canadian environmental legal regime. It attempts to inform investors in Canadian businesses of the relevant environmental laws in order for the investor to assure that the project in which he has invested significant time, energy, and money is in compliance with all applicable laws. The constitutional basis for environmental legislation in Canada is analyzed. Also, the principal pieces of federal and provincial legislation are canvassed in an attempt to show the wide variety of activities that are regulated. The authors also review the principal bases …
By-Products Of Prosperity: Transborder Hazardous Waste Issues Confronting The Maquiladora Industry, Victoria L. Engfer, Gilbert A. Partida, Thomas C. Vernon, Alejandro Toulet, David A. Renas
By-Products Of Prosperity: Transborder Hazardous Waste Issues Confronting The Maquiladora Industry, Victoria L. Engfer, Gilbert A. Partida, Thomas C. Vernon, Alejandro Toulet, David A. Renas
San Diego Law Review
The maquiladora program allows Mexican laborers to work in American factories operating in Mexico. This program was specifically designed to generate employment and stimulate industry in Mexico. After a brief discussion of the current status and significance of the maquiladora industry, this Article explains the procedures for the transborder shipment of hazardous waste from Mexico to the United States, a hallmark of the maquiladora program. The authors analyze these procedures in light of anticipated regulatory and economic trends in the region. The analysis includes a discussion of the issue of commingled waste, as well as how NAFTA (North American Free …
Controlling Biotech Babies Following The Transfer Of Self-Replicating Inventions, Jeffrey W. Guise
Controlling Biotech Babies Following The Transfer Of Self-Replicating Inventions, Jeffrey W. Guise
San Diego Law Review
Transgenic animals are animals that are developed by inserting gene coding for a unique characteristic or valuable product into the genome of the animal. The animals can then pass this characteristic on to their progeny through reproduction. These animals can be patented in the United States as long as they meet the requirements of patentability set forth in patent law. This Comment examines the requirement of control that the patentee must exercise over the patented transgenic animals. If the patentee transfers the animal to a third party, the patentee runs the risk of losing control over the technology's use. Such …
A Guide For Foreign Investors To Environmental Laws In The United States, Scott H. Peters
A Guide For Foreign Investors To Environmental Laws In The United States, Scott H. Peters
San Diego Law Review
This Article introduces, in some detail, the primary environmental rules and laws that are of special interest to potential foreign investors in the United States. The discussion includes examination of the Clean Air Act of 1988, The Federal Water Pollution and Control Act of 1972, and The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The author also discusses specific laws that may apply to foreign investors, such as the regulation of underground storage tanks and asbestos laws. The author concludes that two types of costs exist for foreign investors in the United States: the cost of compliance …
A Guide To The Environmental Legal Regime Of Singapore For Foreign Investors, Deborah L. Blum
A Guide To The Environmental Legal Regime Of Singapore For Foreign Investors, Deborah L. Blum
San Diego Law Review
This Article provides an overview of the environmental legal regime in Singapore, with an emphasis on statutes, subsidiary legislation, and policies directed to the control and protection of the environment. The discussion includes legislation and policies specifically applicable to toxic waste disposal and working conditions and examines them in the context of Singapore's economic climate and political structure. Special attention is given to the concerns of foreign investors. The Article concludes with a consideration of Singapore's more immediate environmental challenges and examines the successes of its environmental protection policies.
Zarin V. Commissioner: The Continuing Validity Of Case Law Exceptions To Discharge Of Indebtedness Income, Jon D. Rigney
Zarin V. Commissioner: The Continuing Validity Of Case Law Exceptions To Discharge Of Indebtedness Income, Jon D. Rigney
San Diego Law Review
This Casenote examines Zarin v. Commissioner, decided by the United States Court of Appeal for the Third Circuit in 1990. This case considered exceptions to the general rule that income from the discharge of indebtedness is included as gross income under the Internal Revenue Code. The court found these exceptions valid. This Casenote argues that the court's reasoning in Zarin v. Commissioner assures that its decision will have implications well beyond the facts of the case. The author also suggests that these exceptions are both reinforced and expanded by this case. He concludes that the result of this case is …
Cult-Induced Renunciation Of United States Citizenship: The Involuntary Expatriation Of Black Hebrews, Alan G. James
Cult-Induced Renunciation Of United States Citizenship: The Involuntary Expatriation Of Black Hebrews, Alan G. James
San Diego Law Review
This Article analyzes the renunciation of United States citizenship by the Hebrew Israelite Community, a small obscure religious cult. It examines the legal justification for the Department of State restoring citizenship to those who expatriated themselves. The Department of State recognized that pressure by the Hebrew Israelite Community leadership for its members to renounce their citizenship, whether intense or nominal, whether there were alternatives or not, was ipso facto coercion. The author finds that the Department of State's special policy and procedures to facilitate the restoration of citizenship to the former cult members is a welcome development. The Article examines …
Raven V. Deukmejian: A Modern Guide To The Voter Initiative Process And State Constitutional Independence, Joseph Goldberg
Raven V. Deukmejian: A Modern Guide To The Voter Initiative Process And State Constitutional Independence, Joseph Goldberg
San Diego Law Review
This Casenote examines the decision of Raven v. Deukmejian, decided in 1990 by the California Supreme Court. This decision held that a voters' initiative measure, which purported to vest all judicial interpretive power as to fundamental criminal defense rights, amounted to a revision of the state Constitution. The author discusses the impact and implications of this decision. Namely, the author finds that the decision will have an impact on the way future courts review constitutional challenges to the initiative process. The Casenote also discusses the reaffirmation of the court's position on state constitutional independence. The author concludes that the California …
Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo
Spouse-Based Immigration Laws: The Legacies Of Coverture, Janet M. Calvo
San Diego Law Review
The notion of coverture is that a wife is subordinate to her husband and under his control. This Article describes the common law doctrine of coverture, and the history and impact of coverture in current immigration law. The Article examines the incorporation of the assumptions of coverture into early immigration laws and the failure of Congress to remove coverture premises from more recent immigration legislation. The impact of the law's perpetuation of coverture, or spouse domination, is described. The Article shows that the immigrants harmed by the spouse domination perpetuated by the law are overwhelmingly women. The author proposes legislative …
The Fourth Amendment And The Ins: An Update On Locating The Undocumented And A Discussion On Judicial Avoidance Of Race-Based Investigative Targeting In Constitutional Analysis, Henry G. Watkins
San Diego Law Review
This Article identifies and discusses various legal theories being used to avoid consideration of the fourth amendment in the use of arbitrary law enforcement methods, most notably the targeting of racial minorities as suspects. The Article discusses the concept of consensual encounters: the presumption that most law enforcement contacts are voluntary encounters with the targets of the inquiry freely answering questions or consenting to a search. This approach renders it legally unnecessary to determine whether race played an undue part in the encounter. The Article also examines the point at which a "seizure" occurs, which is often crucial in determining …
Uncle Sam Wants You: Foreign Investment And The Immigration Act Of 1990, Gary Endelman, Jeffrey Hardy
Uncle Sam Wants You: Foreign Investment And The Immigration Act Of 1990, Gary Endelman, Jeffrey Hardy
San Diego Law Review
This Article examines some of the driving forces behind the "immigrant investor" category created by the Immigration Act of 1990. The authors find that the "immigrant investor" provision was motivated by a recognition that foreign investment is both beneficial and necessary to the U.S. economy. They also find that Congress was driven by an awareness that America must resist stiff competition from other countries for the foreign investor dollar. The Article examines the legislative history of the provision, as well as the forces responsible for its creation. The authors conclude that by enacting the investor employment-creation visa provision of the …
Aiu Ins. Co. V. Superior Court: Insurers Liable For Environmental Response Costs, Deane S. Shokes
Aiu Ins. Co. V. Superior Court: Insurers Liable For Environmental Response Costs, Deane S. Shokes
San Diego Law Review
Who cleans up, when and how, and who pays are critical questions in the cleanup of pollution. Many companies identified by the government as parties responsible for past hazardous waste releases were insured under Comprehensive General Liability policies. In AIU Ins. Co. v. Superior Court, decided in 1990, the California Supreme Court unanimously held that that these Comprehensive General Liability policies cover the cost of complying with cleanup procedures under the Comprehensive Environmental Response, Compensation and Liability Act of 1980. Thus, insurers must pay for the cleanup costs of pollution by the companies they insure. This Casenote examines this decision, …
"Strike Three Yer Out!?": Examining The Constitutional Limits On The Use Of Prior Uncounseled Dwi Convictions To Impose Mandatory Prison Sentences On Repeat Dwi Offenders, Marty Jaquez
San Diego Law Review
This Comment examines the constitutional implications of using prior uncounseled DWI convictions to incarcerate repeat DWI offenders. The Comment reviews the Supreme Court decisions that established the right to court-appointed counsel for the indigent accused and examines the federal constitutional limitations on the collateral use of prior uncounseled DWI convictions. It also critically evaluates state court decisions involving the collateral use of prior uncounseled DWI convictions. The author concludes that, because an uncounseled conviction is inherently unreliable, it should not be used to mandatorily incarcerate a DWI repeat offender.
Scientific Misconduct In Academia: A Survey And Analysis Of Applicable Law, C. Beth Sise
Scientific Misconduct In Academia: A Survey And Analysis Of Applicable Law, C. Beth Sise
San Diego Law Review
During the 1980s, public trust in science as a discipline and the integrity of scientists has been challenged by multiple reports of data falsification, plagiarism, and misrepresentation of research results. This Comment defines scientific misconduct, analyzes its origins, and surveys applicable federal agency regulations and federal laws that structure the response of the academic community to this complex problem. The author argues that misconduct in science has its origins in the culture of medical education, academic promotion policies, editorial peer review deficiencies, and lack of institutional action. The Article concludes that additional institutional self-regulation and a more vigorous application of …
"Design Immunity For Public Entities", Girard Fisher
"Design Immunity For Public Entities", Girard Fisher
San Diego Law Review
Design immunity under California Government Code section 830.6 exonerates a public entity from liability for injuries caused by a reasonably approved plan or design of public property. This Article reviews every case decided under this code section from its enactment in 1963 up until 1991. The Article provides a comprehensive discussion of the steps necessary to prove design immunity. The author concludes that design immunity under section 830.6 has undergone extensive judicial and legislative modification since its enactment in 1963. He notes that, as a practical matter, a court's decision on the design immunity issue may well determine the outcome …
Antitrust And Professional Rules: A Framework For Analysis, John E. Lopatka
Antitrust And Professional Rules: A Framework For Analysis, John E. Lopatka
San Diego Law Review
This Article discusses whether antitrust laws can apply to rules of professional conduct and ethics. The author examines various economic theories relating to the regulation of professions, both by the government and through self-regulation. The Article discusses the viewpoints of scholars who are suspicious of private codes of ethics for professionals based on antitrust theory. It also explains the theory of economic "capture," and examines the views of scholars who fear capture of the government by professional associations. The author sets out both anticompetitive and procompetitive theories of professional rules, and suggests a method of analysis for distinguishing anticompetitive rules …
Knight V. Jewett: Reasonable Implied Assumption Of Risk As A Complete Defense In Sports Injury Cases, Ann K. Bradley
Knight V. Jewett: Reasonable Implied Assumption Of Risk As A Complete Defense In Sports Injury Cases, Ann K. Bradley
San Diego Law Review
The Casenote addresses the question: who is responsible when a participant in a sport is injured during play? The author discusses the uncertainty surrounding the legal answer to this question in California. Knight v. Jewett, a California Court of Appeals case decided in 1991, applied the doctrine of reasonable implied assumption of risk to hold that the player himself assumed the risk and was thus responsible for his own injury. This Casenote examines the controversy surrounding reasonable implied assumption of risk, and reviews the divergence of opinion among California appellate courts and commentators. The author discusses the likely outcome of …
Parochial School Aid Revisited: The Lemon Test, The Endorsement Test And Religious Liberty, Eric J. Segall
Parochial School Aid Revisited: The Lemon Test, The Endorsement Test And Religious Liberty, Eric J. Segall
San Diego Law Review
Supreme Court decisions based on the establishment clause in the U.S. Constitution have often drawn arbitrary lines. For example, although a state may lend secular, state-approved textbooks to children attending religious schools, it may not lend the same students maps, erasers, charts, or any other kind of educational materials. This Article explains how the Supreme Court has reached the point where it is drawing such arbitrary lines and suggests a new analysis. The author argues that this new analysis would lead to more consistent results in parochial school aid cases and would safeguard the important interests that the establishment clause …
Dignified Death And The Law Of Torts, Willard H. Pedrick
Dignified Death And The Law Of Torts, Willard H. Pedrick
San Diego Law Review
These remarks were delivered on March 30, 1990 as the Nathanial Nathanson Memorial Lecture for 1990 at the University of San Diego School of Law. Professor Pedrick discusses and explains his thesis that familiar principles of tort law can be enlisted to better assure that unwanted life support measures either will not be used, or will be withdrawn when that is the wish of the patient or the patient's agent. He suggests that in nearly all states, health care givers are duty-bound under the common law of torts to follow instructions regarding use or nonuse of life support systems from …
People V. Tamborrino: Should Inquiry By A Trial Judge Into Confidential Communication Between The Attorney And The Accused Be Harmless Error, Charles R. Kimmel
People V. Tamborrino: Should Inquiry By A Trial Judge Into Confidential Communication Between The Attorney And The Accused Be Harmless Error, Charles R. Kimmel
San Diego Law Review
In People v. Tamborrino, decided in 1989, the California Court of Appeal held that a trial judge's violation of the criminal defendant's attorney-client privilege, in the presence of the jury, constituted harmless error. The rule relied upon by the court was that an error is harmless if the court concludes beyond a reasonable doubt that the evidence complained of did not contribute to the conviction. This Casenote discusses whether this harmless error rule should apply when the trial judge invades the attorney-client privilege or whether the error should be automatically reversible. The Casenote analyzes both federal and California constitutional law. …
Expansion Of The Scope Of Disclosure Required Under The Informed Consent Doctrine: Moore V. The Regents Of The University Of California, Jeffrey W. Guise
Expansion Of The Scope Of Disclosure Required Under The Informed Consent Doctrine: Moore V. The Regents Of The University Of California, Jeffrey W. Guise
San Diego Law Review
This Casenote examines the California Supreme Court's decision in 1991 in the case of Moore v. The Regents of The University of California. This decision extended the informed consent doctrine for physicians to require the disclosure of economic or research interests in a proposed medical procedure. The Casenote reviews the informed consent doctrine and the scope of disclosure traditionally required under that doctrine. It then discusses the conflicting loyalties that a physician having either an economic or research interest in a particular patient faces when obtaining that patient's informed consent. Ultimately, the author concludes that any interest causing the physician …
Wrongful Discharge: Historical Evolution, Current Developments And A Proposed Legislative Solution, Donald G. Kempf Jr., Roger L. Taylor
Wrongful Discharge: Historical Evolution, Current Developments And A Proposed Legislative Solution, Donald G. Kempf Jr., Roger L. Taylor
San Diego Law Review
Employment-at-will means that the worker serves at the employer's pleasure, and dismissal is held to be the unilateral privilege of the employer. This Article examines the employment-at-will doctrine and the emergence of a competing doctrine that permits employees to pursue wrongful discharge actions against their employers. The authors propose a legislative solution to the uncertainty in the wrongful discharge area and explore some of the issues that they find likely to be confronted in the 1990s. They document the struggle to reach an appropriate accommodation between the sound policies that underlie the employment-at-will doctrine and the circumstances that have prompted …
Private Extradition Companies: A Benefit To The State At The Expense Of The Individual, Maria Powers
Private Extradition Companies: A Benefit To The State At The Expense Of The Individual, Maria Powers
San Diego Law Review
This Comment addresses the use of private companies to physically transport prisoners from one state to another, and the standards and procedures that govern interstate extradition. Specifically, the Comment focuses on the issues raised when the prisoner is injured by an act of the private extradition company, and the prisoner has waived extradition proceedings or the extradition order has been deemed proper in a valid court hearing. The potential liability of both the private company performing the extradition and the authorizing state is analyzed. Policy considerations involved in the use of private extradition companies are presented, including a discussion of …
The Fourth Amendment And The Police Use Of Pain Compliance Techniques On Nonviolent Arrestees, Benjamin I. Whipple
The Fourth Amendment And The Police Use Of Pain Compliance Techniques On Nonviolent Arrestees, Benjamin I. Whipple
San Diego Law Review
Is the deliberate infliction of severe pain by officers on a passively resisting arrestee an unreasonable seizure under the fourth amendment? This Comment addresses this question by considering the facts of a typical "pain compliance" scenario. "Pain compliance" is a catch-all phrase used to categorize a variety of pain-inducing techniques available to officers to "persuade" an uncooperative arrestee to comply with their demands. The Comment analyzes the issue of standing for injunctive relief, as well as factors enumerated by the Supreme Court as necessary for an understanding of fourth amendment "unreasonableness" in a given arrest context. The Comment also examines …