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Woolsack 1968 Volume 6 Number 3, University Of San Diego School Of Law Student Bar Association Dec 1968

Woolsack 1968 Volume 6 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Marriage, Divorce, Etc. Tiajuana Style or “how to get a quicky” by Jack Limber and Murry Hawkins

Co-Op Committee One for Two

Chandler, Garrett, Zernich Will Represent Region

Labor Relations Association May Form in San Diego

RE: Welfare Clients Farewell

Editorial

President’s Message by Dennis K. Diemoz

Alumni News by Guillermo Jorge, Licenciado

Honor Court Speaks by Frank A. Engfelt and James B. Franklin

Automania by Bucktaf V. Vile

Law Wives Learn Makeup and Wigs

Capacity Sees Cranston

Letter to the Editor

S.B.A Escapades by Buchstaf V. Vile

Wanted: Profs at Socials

General Krulak so Speak

Kelley …


Woolsack 1968 Volume 6 Number 2, University Of San Diego School Of Law Student Bar Association Oct 1968

Woolsack 1968 Volume 6 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

How to Improve Your Performance at Trial – Civil Cases by Judge Irving Hill Beverly Hills Bar Association

Faculty Student Co-op Committee at U.S.D.

Director of Development Newman Looks to Future

More Hall Hosts First Arbitration Conference

International Law Society Lunched

Editorial

President’s Message by Dennis K. Diemoz

Alumni News by Guillermo Jorge, Licenciado

Sock it to More Hall? By Lynn A. Schenk

Election Scene by Michael Mills

Letter to the Editor

S.B.A. Escapades by Bukstaff V. Vile

LSCRRC / Work begins Again

Moot Court Board Here We Go Again

Advise and Consent: Justice Abe Fortas [The …


Woolsack 1968 Volume 6 Number 1, University Of San Diego School Of Law Student Bar Association Sep 1968

Woolsack 1968 Volume 6 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Welfare Clients Fare Well by Dan Gallardo

Legal Education: Theory plus Experience by Roland Haddad

President’s Message by Dennis K. Diemoz

CLEO Comes To U.S.D.

Brian Michaels Top Scholar “68”

Editorial

Alumni News by Guillermo Jorge, Licenciado

Welcome from Dean Sinclitico

Election

Committeeman Needed

Speakers Welcome Entering Students

Vintage Flicks and Lots of Beer

Law Review Comments

Moot Court Board Taste of Victory

Courtesy Basis of Library Law

P.A.D. Stresses Professionalism

Phi Delta Phi Brothers Prepare for Fall Term

Delta Theta Phi

Phi Delta Delta

Sports Report

Wives Welcome at Law School


Labor Law - Labor-Management Relations Act, Section 14(C) And National Labor Policy Require Affirmative Declination By Nlrb Before State May Assume Jurisdiction. Stryjewski V. Local 830, Brewery Distributor Drivers (Pa. 1967)., David L. Mckenna Jun 1968

Labor Law - Labor-Management Relations Act, Section 14(C) And National Labor Policy Require Affirmative Declination By Nlrb Before State May Assume Jurisdiction. Stryjewski V. Local 830, Brewery Distributor Drivers (Pa. 1967)., David L. Mckenna

San Diego Law Review

This recent case discusses Stryjewski v. Local 830, Brewery Distributor Drivers (Pa. 1967).


Criminal Procedure - Gambler’S Claim Of Self-Incrimination Provides Complete Defense To Prosecution For Violation Of Federal Wagering Tax Statutes. Marchetti V. United States (U.S. 1968)., Donald Ernest Wrighton Jun 1968

Criminal Procedure - Gambler’S Claim Of Self-Incrimination Provides Complete Defense To Prosecution For Violation Of Federal Wagering Tax Statutes. Marchetti V. United States (U.S. 1968)., Donald Ernest Wrighton

San Diego Law Review

This recent case discusses Marchetti v. United States (U.S. 1968).


Chapter Xiii Of The Bankruptcy Act: As Maine Goes, So Should The Nation, Ronald L. Fein, Richard Peter Sax Jun 1968

Chapter Xiii Of The Bankruptcy Act: As Maine Goes, So Should The Nation, Ronald L. Fein, Richard Peter Sax

San Diego Law Review

There is a staggering number of consumer bankruptcies being filed in the United States today. It is generally believed that this is an unavoidable corollary to the upsurge in consumer credit, and that consumer credit, in turn, is the bulwark of our modern economy. Assuming the validity of these conclusions, the best method of dealing with the consumer who is unable to pay his debts remains unsettled. Unknown to many attorneys, two statutory remedies exist under federal bankruptcy law. The first, straight bankruptcy, is widely used; the other, Chapter XIII Wage Earner Plans, is essentially ignored. It is the position …


V.5-2, 1968 Masthead Jun 1968

V.5-2, 1968 Masthead

San Diego Law Review

No abstract provided.


The Omnibus Hearing-An Experiment In Federal Criminal Discovery, Edwin L. Miller Jr. Jun 1968

The Omnibus Hearing-An Experiment In Federal Criminal Discovery, Edwin L. Miller Jr.

San Diego Law Review

It will be the purpose of this Article to discuss the effect of the omnibus hearing, after one year’s experience, at its birthplace. Comparison with existing federal law on specific matters will reveal the scope of the omnibus hearing. However, the practical aspects in connection with the omnibus will be the subject of major significance.


Conflict Of Laws - Measure Of Damages In Wrongful Death Action Determined By Law Of State Having Greatest Interest In Issue Of Damages, Not By Law Of Place Of Injury. Reich V. Purcell (Cal. 1967)., Donald R. Worley Jun 1968

Conflict Of Laws - Measure Of Damages In Wrongful Death Action Determined By Law Of State Having Greatest Interest In Issue Of Damages, Not By Law Of Place Of Injury. Reich V. Purcell (Cal. 1967)., Donald R. Worley

San Diego Law Review

This recent case discusses Reich v. Purcell (Cal. 1967).


Administrative Regulations - Medically Indigent Must Be Eliminated From "Medi-Cal" Before Health And Welfare Agency May Reduce Minimum Services To Recipients Of Public Assistance; Before Omitting Any Medical Service, Regulations Must Make Proportionate Reductions In All Services. Morris V. Williams (Cal. 1967)., John W. Driscoll Jun 1968

Administrative Regulations - Medically Indigent Must Be Eliminated From "Medi-Cal" Before Health And Welfare Agency May Reduce Minimum Services To Recipients Of Public Assistance; Before Omitting Any Medical Service, Regulations Must Make Proportionate Reductions In All Services. Morris V. Williams (Cal. 1967)., John W. Driscoll

San Diego Law Review

This recent case discusses Morris v. Williams (Cal. 1967).


Constitutional Law - Public Transit District Must Accept Controversial Advertising; Opening Of "Public Forum" Requires State Agency To Give Equal Access To Means Of Expression. Wirta V. Alameda-Contra Costa Transit District (Cal. 1967)., Irwin L. Schroeder Jun 1968

Constitutional Law - Public Transit District Must Accept Controversial Advertising; Opening Of "Public Forum" Requires State Agency To Give Equal Access To Means Of Expression. Wirta V. Alameda-Contra Costa Transit District (Cal. 1967)., Irwin L. Schroeder

San Diego Law Review

This recent case discusses Wirta v. Alameda-Contra Costa Transit District (Cal. 1967).


Problems And Materials In Federal Estate And Gift Taxation. By Ralph S. Rice., Herbert I. Lazerow Jun 1968

Problems And Materials In Federal Estate And Gift Taxation. By Ralph S. Rice., Herbert I. Lazerow

San Diego Law Review

The materials available for teaching a course in federal an gift taxation were somewhat limited prior to the publication of Professor Rice’s volume. The only other full treatment of the subject matter is that of Dean Warren and Secretary Surrey, which was published in 1961. Dean Griswold and Professor Bittker devote 200 to 378 pages respectively to federal estate and gift taxation, no doubt in response to the traditional view that federal taxes constitute a unified body of learning to which a student should be introduced in one course. However, none of these materials, prepared by authors whose contributions to …


Jurisdiction - Annulments–Interests Of Domiciliary State Do Not Preclude Non-Domiciliary Forum From Entertaining Annulment Action When Both Parties Are Present Before The Court. Whealten V. Whealten (Cal. 1967)., Laureen J. Gray Jun 1968

Jurisdiction - Annulments–Interests Of Domiciliary State Do Not Preclude Non-Domiciliary Forum From Entertaining Annulment Action When Both Parties Are Present Before The Court. Whealten V. Whealten (Cal. 1967)., Laureen J. Gray

San Diego Law Review

This recent case discusses Whealten v. Whealten (Cal. 1967).


Conflict Of Laws - Where Jurisdiction Is Based On Diversity Of Citizenship, Federal Courts Faced With Questionable State Precedent May Make Anticipatory Pronouncements Of State Law. Riess V. Murichison (9th Cir. 1967)., James W. Street Jun 1968

Conflict Of Laws - Where Jurisdiction Is Based On Diversity Of Citizenship, Federal Courts Faced With Questionable State Precedent May Make Anticipatory Pronouncements Of State Law. Riess V. Murichison (9th Cir. 1967)., James W. Street

San Diego Law Review

This recent case discusses Riess v. Murichison (9th Cir. 1967).


Juries - Post-Trial Questioning Of Jurors Enjoined Where Found A Searching Hostile Inquiry–Conduct Not Held Unethical. United States V. Driscoll (S.D.N.Y. 1967)., Thomas Patrick Kelley Jun 1968

Juries - Post-Trial Questioning Of Jurors Enjoined Where Found A Searching Hostile Inquiry–Conduct Not Held Unethical. United States V. Driscoll (S.D.N.Y. 1967)., Thomas Patrick Kelley

San Diego Law Review

This recent case discusses United States v. Driscoll (S.D.N.Y. 1967).


Products Liability - Polio Vaccine - Drug Manufacturer Strictly Liable In Tort Under Restatement 402a For Failure To Warn Plaintiff Consumer Of Risk Of Harm Attending Immunization. Davis V. Wyeth Laboratories, Inc. (9th Cir. 1968)., Daniel M. Horwick Jun 1968

Products Liability - Polio Vaccine - Drug Manufacturer Strictly Liable In Tort Under Restatement 402a For Failure To Warn Plaintiff Consumer Of Risk Of Harm Attending Immunization. Davis V. Wyeth Laboratories, Inc. (9th Cir. 1968)., Daniel M. Horwick

San Diego Law Review

This recent case discusses Davis v. Wyeth Laboratories, Inc. (9th Cir. 1968).


Woolsack 1968 Volume 5 Number 5, University Of San Diego School Of Law Student Bar Association Apr 1968

Woolsack 1968 Volume 5 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

City Attorney [Edward T. Butler]: The Man, The Image, The Office by Dan Gallardo

Dual Practice: A Medical – Legal Future By Earl F. Rose. M.D., LL.B., Dallas County Medical Examiner; Professor of Pathology. Southwest Medical School. Univ. of Texas

Brief Wins at Regional

Royse Seeks Assembly Seat

Federal Grant for USD Students

Moot Court Board Chosen

Editorial: This was the year that was

S.B.A. President Reports

Three Years under the Gun by Rich Prochazka

Alumni News by G. Jorge, Licenciado

S.B.A. Officers 1968-1969

Federal Positions

Professor D. V. Kerig Teaching “WHY” by Mitchel Frankel

Phi Delta …


Woolsack 1968 Volume 5 Number 4, University Of San Diego School Of Law Student Bar Association Feb 1968

Woolsack 1968 Volume 5 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Progressive Institution: District Attorney Office by Harvey Neiman

Liberty Amendment Aired by Gary Lane

Advocacy – Appellate Moot Court’s By-Word

Criminal Victims Aid Reviewed by Joel Dwork

Editorial: Student Loans Abused by Allen Marshall, President, United Students Aid Funds

S.B.A. Reviewed by Rich Prochazka

Letter to the Editor

Alumni News by Licenciado Jorge

Delta Theta Phi: Men Wanted

Career Day Saturday, March 2, 1968

P.A.D. Notes

Phi Delta Phi on the Move


Psychiatric Testimony, Trial Gamesmanship And The Defense Of Insanity, Stanley E. Willis, Ii Jan 1968

Psychiatric Testimony, Trial Gamesmanship And The Defense Of Insanity, Stanley E. Willis, Ii

San Diego Law Review

It is the thesis of this Article that the insanity defense with its use of psychiatric testimony is often prejudicial to the criminal defendant. The issue of the defendant’s sanity puts antagonistic propositions into motion which require proof by evidence. If the defendant’s purported insanity were not put in issue by the defense counsel then the prosecutor’s negative assertions that the defendant was sane would not be permissible. Numerous elements are automatically assumed as mitigating factors in many trials (e.g., passionate response to produced anger and desperation and despair), and operate subliminally to influence the judge and the jury. The …


Antitrust - Robinson-Patman Act Not Limited To Cases In Which Prices Undercut Those Of Competitor; Supreme Court Interprets Statutory Test As Protecting Competitors As Well As Competition. Utah Pie Co. V. Continental Baking Co. (U.S. 1967)., Mary L. Scott Jan 1968

Antitrust - Robinson-Patman Act Not Limited To Cases In Which Prices Undercut Those Of Competitor; Supreme Court Interprets Statutory Test As Protecting Competitors As Well As Competition. Utah Pie Co. V. Continental Baking Co. (U.S. 1967)., Mary L. Scott

San Diego Law Review

This recent case discusses Utah Pie Co. v. Continental Baking Co. (U.S. 1967).


Criminal Procedure - Once Substantial Evidence Of Defendant’S Present Insanity Appears, Trial Judge Must Order Hearing On That Issue, Notwithstanding Evidence To The Contrary. People V. Pennington (Cal. 1967)., Ronald L. Fein Jan 1968

Criminal Procedure - Once Substantial Evidence Of Defendant’S Present Insanity Appears, Trial Judge Must Order Hearing On That Issue, Notwithstanding Evidence To The Contrary. People V. Pennington (Cal. 1967)., Ronald L. Fein

San Diego Law Review

This recent case discusses People v. Pennington (Cal. 1967).


Malpractice - Voluntary Sterilization - Public Policy Does Not Render Physician Immune From Liability For Child’S Upbringing Subsequent To Unsuccessful Sterilization. Custodio V. Bauer (Cal. App. 1967)., Daniel M. Horwick Jan 1968

Malpractice - Voluntary Sterilization - Public Policy Does Not Render Physician Immune From Liability For Child’S Upbringing Subsequent To Unsuccessful Sterilization. Custodio V. Bauer (Cal. App. 1967)., Daniel M. Horwick

San Diego Law Review

This recent case discusses Custodio v. Bauer (Cal. App. 1967).


Franchise Regulation Under The California Corporate Securities Law, Louis C. Novak, Howard Rosten Jan 1968

Franchise Regulation Under The California Corporate Securities Law, Louis C. Novak, Howard Rosten

San Diego Law Review

Franchising is one of the fastest growing facets of business in the United States. It has become one of the most successful marketing devices in the contemporary commercial world, accounting for $65 billion annually–over 10 percent of the gross national product. Credit for the tremendous growth of the franchising business has been attributed to the fact that it readily melds the know-how of big businessmen with the ambition of little businessmen. The franchise system has the advantage of enabling numerous groups of individuals with small capital to become entrepreneurs. Such a system makes independent businessmen out of people who would …


Electronic Surveillance After Berger, James W. Street, Michael T. Thorsnes Jan 1968

Electronic Surveillance After Berger, James W. Street, Michael T. Thorsnes

San Diego Law Review

The history of man’s attempt to communicate with his fellow man has been paralleled by another history–that of man’s attempt to overhear this communication. The art of overhearing or eavesdropping has proceeded on a step-by-step bases with the science of communication. Indeed, the furtive methods of the art have rarely failed to emulate the sophisticated means of the science. From passive overhearing of face-to-face conversation to sanguinary interception of homing pigeons by domesticated hawks, the progress of interception vis-a-vis communication has been carried into the twentieth century, utilizing methods and means beyond the imagination of the interceptor or eavesdropper of …


Attorneys' Fees - Maximum Attorneys’ Fee Allowable For Representation Of Disability Claimant Under Social Security Act Limited To Twenty-Five Percent Of Claimant’S Accrued Benefits; Dependents Accrued Benefits Excluded From Computation Of Fee. Hopkins V. Gardner (7th Cir. 1967)., Donald W. Schmidt Jan 1968

Attorneys' Fees - Maximum Attorneys’ Fee Allowable For Representation Of Disability Claimant Under Social Security Act Limited To Twenty-Five Percent Of Claimant’S Accrued Benefits; Dependents Accrued Benefits Excluded From Computation Of Fee. Hopkins V. Gardner (7th Cir. 1967)., Donald W. Schmidt

San Diego Law Review

This recent case discusses Hopkins v. Gardner (7th Cir. 1967).


Defense In Welfare Fraud, Michael S. Evans Jan 1968

Defense In Welfare Fraud, Michael S. Evans

San Diego Law Review

It is this writer’s impression that most defenses of welfare fraud follow [a] stereotyped pattern. The evidence is overwhelmingly against the defendant. Counsel negotiates a plea without trial. It makes for expedient criminal justice, swift in dealing with those social parasites who would cynically mulct our welfare agencies of precious tax dollars, fully knowing that were their true situation known to the agency no aid would be granted. But there is another dimension to the prosecution of welfare fraud. It concerns welfare administration of suspected fraud cases before the prosecution stage is reached. The attorney who familiarizes himself with this …


De Facto School Segregation And The Law: Focus San Diego, Veronica A. Roeser Jan 1968

De Facto School Segregation And The Law: Focus San Diego, Veronica A. Roeser

San Diego Law Review

Since the 1954 Brown v. Board of Education decision declared segregated schools to be "inherently unequal," steadily mounting numbers of American children have been attending increasingly segregated schools. As a result, there has been a marked if gradual shift in the focus of legal actions. Where primary concern had, for a time, centered rather impersonally upon the spectacle of Southern resistance and obstruction, by degrees the phenomenon of segregated education has come to be recognized by many as a national dilemma rather than a localized idiosyncrasy. In Brown, invidious de jure segregation was held to violate the equal protection clause …


Antitrust - Plaintiff In Private Antitrust Action Held In Pari Delicto And Therefore Without Standing To Complain Of Injuries Sustained By An Agreement To Which He Was A Party And Which Contained Terms Allegedly In Violation Of Antitrust Laws. Perma Life Mufflers, Inc. V. International Parts Corp. (7th Cir. 1967)., Jon M. Jenkins Jan 1968

Antitrust - Plaintiff In Private Antitrust Action Held In Pari Delicto And Therefore Without Standing To Complain Of Injuries Sustained By An Agreement To Which He Was A Party And Which Contained Terms Allegedly In Violation Of Antitrust Laws. Perma Life Mufflers, Inc. V. International Parts Corp. (7th Cir. 1967)., Jon M. Jenkins

San Diego Law Review

This recent case discusses Perma Life Mufflers, Inc. v. International Parts Corp. (7th Cir. 1967).


Federal Income Tax - "Tax Home" Doctrine Affirmed; Taxpayer On Overseas Tour Of Duty Not Allowed To Deduct Cost Of Meals As An "Away From Home" Travel Expense. Commissioner V. Stidger (U.S. 1967)., Charles R. Khoury Jr. Jan 1968

Federal Income Tax - "Tax Home" Doctrine Affirmed; Taxpayer On Overseas Tour Of Duty Not Allowed To Deduct Cost Of Meals As An "Away From Home" Travel Expense. Commissioner V. Stidger (U.S. 1967)., Charles R. Khoury Jr.

San Diego Law Review

This recent case discusses Commissioner v. Stidger (U.S. 1967).


Insurance - Insurer Liable For Excess Judgment Upon Failure To Accept Reasonable Settlement Demand In Good Faith; Merits Of Absolute Liability Given Favorable Consideration. Crisci V. Security Insurance Co. (Cal. 1967)., Laureen J. Gray Jan 1968

Insurance - Insurer Liable For Excess Judgment Upon Failure To Accept Reasonable Settlement Demand In Good Faith; Merits Of Absolute Liability Given Favorable Consideration. Crisci V. Security Insurance Co. (Cal. 1967)., Laureen J. Gray

San Diego Law Review

This recent case discusses Crisci v. Security Insurance Co. (Cal.1967).