Law Commons^™

V.16-1, 1980-81 Masthead

San Diego Law Review

No abstract provided.

Immigration Benefits For Children Born Out Of Wedlock And For Their Natural Fathers: A Survey Of The Law, Paul Wickham Schmidt

San Diego Law Review

This Article discusses the complex and unusual way in which the Immigration and Nationality Act of 1952 defines "child" to exclude natural fathers and their illegitimate children from the scheme for preferred immigration status while granting the same status to natural mothers and their illegitimate children. The author begins by discussing the importance of the term "legitimate" in the act and goes on to explain three ways an illegitimate child may still meet the Act's definition of "child" by fulfilling three requirements for legitimization: 1) sufficient acts of legitimization, 2) the age requirement, and 3) legal custody. The author finishes …

The Legal Status Of Amerasian Children In Japan: A Study In The Conflict Of Nationality Laws, Chin Kim, Stephen R. Fox

San Diego Law Review

This Article examines the conflict between Japanese and United States nationality laws. Due to the conflict in these laws, nearly 4000 Amerasian children could become stateless. The article reviews the two major conflicting principles of nationality laws, jus sanguines and jus soli, and then reviews both the Japanese & Unites States nationality laws. The article goes on to discuss the effects of statelessness including legal, social, and economic hardships. Finally the article discusses solutions to the dilemma through unilateral, bilateral, and multilateral actions.

Alien Physicians And Their Admission Into The United States, Allen E. Kaye, Dan P. Danilov, Laurier B. Mcdonald

San Diego Law Review

This Article discusses legislation passed by Congress in 1976 to drastically reduce the eligibility of alien physicians to enter the United States because of a fear of inferior medical services and a belief that such immigration was leading to a shortage of health care providers in some foreign nations. The article surveys the new requirements such as passing both medical and English competence examinations as well as obtaining individual labor certifications. The article goes on to discuss ways in which alien physicians can come to the Unites States without passing these examinations.

Errata In The Articles: Immigration Benefits For Children Born Out Of Wedlock And For Their Natural Fathers And Consular Discretion In The Immigrant Visa-Issuing Process

San Diego Law Review

No abstract provided.

Consular Discretion In The Immigrant Visa-Issuing Process, Kim R. Anderson, David A. Gifford

San Diego Law Review

This study examines the exercise of discretion by consular officers in deciding whether to issue or refuse immigrant visas in an effort to determine if these decisions are arbitrary or unlawful. The study begins by examining the procedures and factors mandated by the Immigration and Nationality Act for use in determining eligibility to immigrate. The study then discusses and compares the typical procedures and eligibility factors utilized by consular offices in the field. Next the study does an evaluation of extra-statutory factors affecting the consular officer's determination including personal background, the effect of intermediaries, lack of time, the promotion system, …

Foreword, Joshua Eilberg

San Diego Law Review

Immigration is the root of America's national existence. The immigration process has fueled the growth of this country as well as shaped its character. Even the most cursory review of this country's history reminds us of the vital role played by immigrants in the development of the United States.

Woolsack 1978 Volume 19 Number 7, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Hypnotism and the law by Spencer Busby

News briefs…

Letters to the Editor

Election Review by Jom Bloch

Woolsack Poll

Prop.7: Pro Death Penalty Vote by Spencer Busby

The Trouble With Law Profs…by Anita Van Petten

Pleasures of the Willfully Thin by Amy Wrobel

Alexander pushes to restructure legal ed by Larry Alexander

The 1978 Law all-star baseball team

Football Semi-Finals by Lou Kerig

USD Intramural football all-star team

Upcoming sports events

Well Hung, Pacers Advance to Baseball finals by Mark Speck

It's USD Law Stars in Overtime by Mark Speck

Two Law Students to Compete in …

Woolsack 1978 Volume 19 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

USO Law Dean Weckstein Lambasts SBA by Spencer Busby

BALSA Conference by Judy Hartsfield

News briefs …

Letters to the Editor

Roving Photographer

Proposing Paranoia Prop.6 by Jom Bloch

Halloween Party!

Women & Law Conference by Winifred L. Wilcox

Law School Counselor by Elizabeth Kramer

Sports Comment by Mark Speck

Football Forecast by Lou Kerig

Law Teams Fall Short by Dave Rogalski

Baseball Playoffs

Arts: Film: Cloning of the Fourth Reich by Jom Bloch

Film: Radical 60’ Revived

Books: Bending Trending by Amy Wrobel

Rock Music: A Dog and a Butterfly by Randal Cohen

Rock Music: Show …

Woolsack 1978 Volume 19 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

UCSD Law School? by Spencer Busby

Western State Law Editor Fired by Spencer Busby

News briefs …

Editorial

Great Bodily Injury Harms Chief Justice Rose Bird by L. G. Wolfe

Roving Photographer

Report Reveals Jurors' Impression Of Lawyers

Smoking in The Workplace by Jim Poole

How To Keep Smoking by Elizabeth Kramer

Law Tearns Finish 2nd And 3rd In BB Tourney

Football Forecast

Pacers Top Runs; Three Tied For First by Mark Speck

Arts : Film Interiors: The Gamble Plays Off by Randal Cohen

Nicholson Shines As Moon

Briefly Noted ... girl friends

Rock Music: Classical Rock …

Woolsack 1978 Volume 19 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Nader calls S.D. plane crash “inevitable” by Spencer Busby

9.04 percent tuition hike: $330 tuition increase recommended by Spencer Busby

Editorial

Letters

Women’s conference: Midge Costanza to speak

Coffee, tea, or TB

Deans support Bird

Brown Criticizes Attacks on Chief Justice Bird

Pro. 5: Smoking Pro and Con

This week in football by Lou Kerig

Baseball races take shape by Mark Speck

Free football

Arts: Poetry

Calendar: October 7 to October 12

SBA dishes it out by Dian Booth

Woolsack 1978 Volume 19 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Campus housing closed to law students by Jeff Thoma

SBA elections by Darla Anderson

Attorney-client competition By Maria Arroyo

Editorial

Letters

Thinking of transferring

Cultural shock: From New York to Mission Beach by Elizabeth Kramer

Chrestomathy by Philip Matricardi

Back into private hands: Media law updated by Jim Poole

Summer in gay Paris by Audrey Wohl

CIA at Harvard

Sports Forum by Mark Speck

Women’s News: Abortion attack

Women-in-law boycott 30% of US by Liz Nesseler

Arts: Theater – Colored girls: a voice cries out by Randal Cohen [and] Growth of a Theater

Film - Decking the …

Woolsack 1978 Volume 19 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Greenpeace vs. killers by Jeff Thoma

Courtroom decorum by Sandy Jossen and Jeff Thoma

Editorial

Letters

NLG dis-orientates

(Occasional) Studying in Oxford by Andrew M. Adler

Chrestomathy

Small points to big by G. Walden

Some student support add up controversy by Christine Goodman

Welch concert: tight, crisp, and well packaged by Spencer Busby

Books: Delta of Venus by Marian Forney

Arts: Film by Darla Anderson and Rock music

Calendar September 8-23

Julian Journey offers beauty and relaxation by Sandy Jossen

Woolsack 1978 Volume 19 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

USD Love – Hate Affair by Spencer Busby

Perez Decision Threatens U.S.D. Legal Clinic by Jeff Thoma

Editorial

From the SBA President

Moot Court Offers Practical Experience by Mark A. Hiller

“City of Roses” Guadalajara: Summer of '78 by Diane Dai Santo

Chrestomathy by Philip Matricardi

Women’s Law Outlook by Liz Nesseler

Women’s Legal Center by Pat Kelliher

Defending the poor: A toilet flashing system of justice by Spencer Busby

Attorneys too are blamed by Spencer Busby

… And clients are skeptical of free attorney services

Where to rent: Are You Feeling Like a Rolling Stone?

Beyond …

V.15-5, 1977-78 Masthead

San Diego Law Review

No abstract provided.

Introduction: Motivation And Constitutionality, Lawrence A. Alexander

San Diego Law Review

This introduction sets forth the key questions regarding motivation and constitutionality that scholars must answer in order to develop a complete theory of motivational inquiry in constitutional law. The author begins by discussing the theoretical overview of the motivation/effects problem. The author discusses effects theories of constitutional law, motivation theories, relevant motives in both, and the problem of motive in collective bodies. The author then examines Simon's theory of motivation and the equal protection clause, which is that the equal protection clause's central meaning is prohibiting racially prejudiced governmental actions.

Legislative Motivation And Fundamental Rights In Constitutional Law, J. Morris Clark

San Diego Law Review

This article discusses the relevance of legislative motivation to the judicial decision whether to uphold or to strike down laws affecting certain "fundamental" constitutional rights. The author contends that courts do and should consider the motivation behind the passage of laws in constitutional cases. First the author addresses the meaning of legislative "motivation" and "purpose". Second, the author discusses what an "individious" legislative motivation consists of and how the Court should decide when such a motivation exists. Next the author compares an analysis of the legislative purpose against traditionally used balancing tests of good vs. bad effects. The author then …

Motivational Analysis As A Complete Explanation Of The Justification Process, Scott H. Bice

San Diego Law Review

This commentary addresses the justiciability requirement that must be met by a person challenging the constitutionality of government action and the claim that the purpose of justification is to prove that the government's action is not caused by constitutionally illicit considerations. First the author discusses the justification process in racial equal protection and some problems with Simon's argument including Simon's claim that proof of racial prejudice is a necessary condition for judicial invalidation. Next the author discusses the justification process in the context of the First Amendment. The author concludes that although motivational analysis may explain the function of the …

Reflections On Motive Review, Paul Brest

San Diego Law Review

In this commentary the author argues that motives should remain legally determinative even if the statute language or its effects are constitutional. The author discusses many areas of the law including crimes, intentional torts, and coerced wills, in which the motivation of the party is determinative. The author concludes that while not novel, Professor Simon's idea of a generic suspicion that racial classifications are unconstitutionally suggests the possibility that other substantive doctrines may also reflect concerns with administrative and legislative motives.

The Centrality And Limits Of Motivation Analysis, John Hart Ely

San Diego Law Review

In this commentary the author claims that his once radical ideas have been outflanked on the left by succeeding generations. The author then goes on to discuss the relationship between unconstitutional motivation and suspect classifications. Next the author discusses his fear that while the Court has recognized the relevance of motivation, it has denied the constitutional claim in each case. The author concludes by warning the court that it would be a tragedy to expand its awareness of the relevance of motivation into a thoroughly mistaken notion that a denial of a constitutional right does not count as such unless …

The Costs Of Motive-Centered Inquiry, Kenneth L. Karst

San Diego Law Review

This commentary addresses why a motive-centered theory, such as the one proposed by Professor Simon, will damage the cause of racial justice in this country if the theory became entrenched as constitutional doctrine. The author claims that such a theory places a heavy burden on persuasion on the wrong side of the dispute and forces litigants in a race case into name-calling on one side and self-righteousness on the other side.

If "The Devil Himself Knows Not The Mind Of Man", How Possibly Can Judges Know The Motivation Of Legislators?, Arthur S. Miller

San Diego Law Review

This commentary is based upon a statement published by Judge J. Braxen Craven, Jr., of the Court of Appeals for the Fourth Circuit when he said that there are result oriented judges and judges who are result oriented but don't know it or won't admit it. The author argues that an inquiry into motivation is clearly a futile quest that's only purpose is to enable judges to read their ideas of good social policy into the law with the pretense that they are not doing so. The author claims that judicial opinions are the product of judicial biases and lawyers …

A Brief Comment On Motivation And Impact, Michael Perry

San Diego Law Review

This commentary focuses on two problems. First, it focuses on the relevance of motivation to constitutional adjudication. The author does not add anything to the theory of Professor Brest, but does clarify why and to which sorts of constitutional claim motivation is relevant. Then the commentary focuses on the significance of disproportionate racial impact. The author argues that any law having a disproportionate racial impact ought to be subject to an unusually heavy burden of justification, although not automatically struck down. The author disagrees with Professor Simon because the author believes a law with a disproportionate racial impact should be …

Rent Control: A Practical Guide For Tenant Organizations, Kathryn Lori Partrick

San Diego Law Review

This comment explores the issue of rent control. After a brief history of rent control laws, the author examines the arguments for and against rent control. Next the author discusses the general constitutional restrictions on rent control legislation. The author then addresses specific contents and problems involved in drafting rent control legislation. Finally the author provides sample rent control legislation and encourages tenant organization to follow the guidelines of the comment in order to withstand constitutional challenges and landlords' retaliatory reactions to rent control legislation.

One Tier Beyond Ramapo: Open Space Zoning And The Urban Reserve, Sandra L. Mcmahan

San Diego Law Review

This comment examines the problem of managing urban growth while simultaneously preserving open space through careful planning. Specifically the comment examines the planning for the temporary preservation of open space that is a byproduct of the successful management of urban growth. The author begins by discussing a method of regulating open space land by Professor Robert H. Freilich. The author uses this method as a model to examine techniques for the conservation of open space land through the establishment of an urban reserve. The author pays special attention to the taking issues that must be circumvented if the program is …

Public Beaches: A Reevaluation, Richard H. Zimmerman

San Diego Law Review

This comment examines the conflict between the public's need for recreational access to the coast and the private littoral-owner's right to preserve and to protect his property. The author begins by discussing the California Coastal Act of 1976 and its effectiveness in protecting and in enhancing the public's rights in the coastline. The author then examines alternative methods of protecting the public's right to the coastline. Next the author examines judicial remedies of implied dedication and custom follows. The author concludes that the Coast Act might provide the last opportunity to preserve the public's rights to enjoy California's coastline, but …

Books Received

San Diego Law Review

No abstract provided.

Racially Prejudiced Governmental Actions: A Motivation Theory Of The Constitutional Ban Against Racial Discrimination, Larry G. Simon

San Diego Law Review

This article attempts to articulate and to explain the operation of a motivation theory of constitutional law in which the burdens of justification reflect the differing degrees to which rules and effects are themselves probative of illicit motivation, especially in cases involving racially based equal protection claims. The article offers a theory under which a finding that governmental action was causally affected by racial prejudice can be understood as both a sufficient and a necessary condition for holding the action unconstitutional. The author begins by explaining the normative theory that makes or ought to make the question of racially prejudiced …

Reflections On A Unified Theory Of Motive, Theodore Eisenburg

San Diego Law Review

In this commentary the author claims that one should not attempt to answer the question whether motive should be considered in constitutional adjudication too quickly. One should not extrapolate that motive should be constitutionally relevant in one circumstance simply because motive is relevant in another circumstance. The author concludes that one should not expect a single answer to the motive question.

Private Rule 10b-5 Recovery For Open Market Insider Trading: The Propriety Of Privity And Reliance Requirements, Clyde C. Greco Jr.

San Diego Law Review

This comment explores the split of authority on whether privity and reliance prerequisites should be imposed on private recovery for insider trading in the market under rule 10b-5. The author starts by discussing the Second Circuit's view, which eliminates the privity requirement and relaxes the reliance requirement, and the view's advantages and disadvantages. Next, the author discusses the Sixth Circuit's view, which requires proof of direct causation in fact and privity. The author concludes that in order to protect people from securities fraud and hold violators liable for rule 10b-5 violations, the rule must not be conditioned on privity and …