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Motions 2001 Volume 37 Number 4, University Of San Diego School Of Law Student Bar Association Dec 2001

Motions 2001 Volume 37 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Motions 2001 Volume 37 Number 3, University Of San Diego School Of Law Student Bar Association Oct 2001

Motions 2001 Volume 37 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Motions 2001 Volume 37 Number 2, University Of San Diego School Of Law Student Bar Association Sep 2001

Motions 2001 Volume 37 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Motions 2001 Volume 37 Number 1, University Of San Diego School Of Law Student Bar Association Aug 2001

Motions 2001 Volume 37 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


A Proposed Legislative Scheme To Solve The Mexican Immigration Problem, Samuel W. Bettwy May 2001

A Proposed Legislative Scheme To Solve The Mexican Immigration Problem, Samuel W. Bettwy

San Diego International Law Journal

This Article proposes a legislative scheme to undo the incentives that Congress has created and perpetuated since the 1960s for Mexicans to live unlawfully in the United States. The main features of the proposed scheme are: (1) the exemption of all family-sponsored immigrant visas from Mexico's per-country quota, (2) a guaranteed percentage of the quota of diversity ("lottery") visas for Mexicans who have no family member or employer who has sponsored their immigration, (3) a waiver of unlawful presence for Mexicans who return to Mexico by a specified deadline, and (4) revocation of the visa petitions of Mexicans who remain …


Not Fade Away: The International Criminal Court And The State Of Sovereignty, Jerry Fowler May 2001

Not Fade Away: The International Criminal Court And The State Of Sovereignty, Jerry Fowler

San Diego International Law Journal

Sovereignty concerns were central to the negotiations over the ICC Statute. To be sure, the future court will relate to individuals and States, as well as inter-governmental and non-governmental organizations, in a way that differs from the international institutions created at mid-century. But by designing an institution that must work through and with sovereign States in crucial aspects of its functioning, the ICC Statute presupposes the continued existence of a system based on sovereign States. The Statute's details reinforce the notion that "[d]irectly or indirectly, the entire edifice of international human-rights law is built on state sovereignty." Seen in this …


The Continued Viability Of Foreign Sales Corporations (Fscs): An Analysis Of The Wto Decision Declaring Fscs Incompatible With Gatt Trading Rules, Brenda O'Leary May 2001

The Continued Viability Of Foreign Sales Corporations (Fscs): An Analysis Of The Wto Decision Declaring Fscs Incompatible With Gatt Trading Rules, Brenda O'Leary

San Diego International Law Journal

Most major trading nations have features in their income tax laws that favor exports. The United States has adopted such a scheme of preferential treatment of foreign income in order to provide incentives for the export of U.S.-produced goods. However, such devices that reduce income taxes for U.S. exporters have been openly criticized by the international community as illegal export subsidies which are incompatible with the General Agreement on Tariffs and Trade (GATT). In fact, the U.S. enacted its current Foreign Sales Corporation (FSC) legislation in the Tax Reform Act of 1984 to conform the Domestic International Sales Corporation (DISC) …


U.S. Border Partrol Abuses, Undocumented Mexican Workers, And International Human Rights, Jorge A. Vargas May 2001

U.S. Border Partrol Abuses, Undocumented Mexican Workers, And International Human Rights, Jorge A. Vargas

San Diego International Law Journal

This Article addresses poignant questions involving Mexican migratory workers, which touch upon issues close to America's pockets and psyche, and to U.S. immigration law and policies. This work advances the thesis that the mistreatment, abuses, and brutal violations inflicted by U.S. Border Patrol agents against Mexican migratory workers are not only offenses or crimes which must not be tolerated, but are also human rights violations. Regardless of the immigration status of undocumented persons, any foreign person in this country deserves to be treated with dignity and respect, and afforded humane treatment, with international human rights principles. This Article [also] explores …


Gamut Trading Co. V. U.S. International Trade Commission: Expanding The Gamut Of Trademark Protection, Sean A. Barry May 2001

Gamut Trading Co. V. U.S. International Trade Commission: Expanding The Gamut Of Trademark Protection, Sean A. Barry

San Diego International Law Journal

In the recent case of Gamut Trading Co. v. U.S. International Trade Commission, the Circuit Court of Appeals for the Federal Circuit expanded the trademark protection available under the Tariff Act of 1930. Specifically, the court held that the importation and subsequent resale of goods bearing legally affixed trademarks can infringe the same trademark in the United States, despite the fact that the imported goods are second-hand goods. While the Federal Circuit classifies this case as a gray market case, the fact that this case involved the importation of second-hand goods makes it distinguishable from gray market case law. Additionally, …


Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace May 2001

Force Majeure, China & (And) The Cisg: Is China's New Contract Law A Step In The Right Direction, Donald L. Grace

San Diego International Law Journal

This paper is designed to provide the reader with a general understanding of the force majeure clauses of both the old and new Chinese contract laws and their relation to the CISG. Section II will delve deeper into the Chinese concepts of force majeure and historical and moderns beliefs concerning excuse of performance. Section III will analyze the various provisions that apply to a force majeure event within the FECL, namely Articles 24 and 25, as well as the damage provisions relating to a force majeure event. Section IV will analyze Article 79 of the CISG; provisions pertaining to a …


Motions 2001 Volume 36 Number 8, University Of San Diego School Of Law Student Bar Association Apr 2001

Motions 2001 Volume 36 Number 8, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Motions 2001 Volume 36 Number 7, University Of San Diego School Of Law Student Bar Association Apr 2001

Motions 2001 Volume 36 Number 7, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Motions 2001 Volume 36 Number 6, University Of San Diego School Of Law Student Bar Association Feb 2001

Motions 2001 Volume 36 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Motions 2001 Volume 36 Number 5, University Of San Diego School Of Law Student Bar Association Jan 2001

Motions 2001 Volume 36 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


V.2, 2001 Masthead Jan 2001

V.2, 2001 Masthead

San Diego International Law Journal

No abstract provided.


Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez Jan 2001

Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth Jan 2001

Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth Jan 2001

Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Jenny K. Li, Charlotte Wilder Jan 2001

Board Of Pharmacy, Jenny K. Li, Charlotte Wilder

California Regulatory Law Reporter

No abstract provided.


Department Of Corporations, Shirley S. Prasad, Donna Shen, Rusty Nichols Jan 2001

Department Of Corporations, Shirley S. Prasad, Donna Shen, Rusty Nichols

California Regulatory Law Reporter

No abstract provided.


Public Utilities Commission, Monisha Ann Coelho, John C. Hemmerling, Sapna Iyer, Phil Moskal Jan 2001

Public Utilities Commission, Monisha Ann Coelho, John C. Hemmerling, Sapna Iyer, Phil Moskal

California Regulatory Law Reporter

No abstract provided.


Little Hoover Commission, Elisa Lynn Sue Jan 2001

Little Hoover Commission, Elisa Lynn Sue

California Regulatory Law Reporter

No abstract provided.


California Board Of Accountancy, Kasey E. Jones, Shirley S. Prasad, J. D. Fellmeth Jan 2001

California Board Of Accountancy, Kasey E. Jones, Shirley S. Prasad, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board For Geologists And Geophysicists, Caroline J. Clark, Rusty Nichols, J. D. Fellmeth Jan 2001

Board For Geologists And Geophysicists, Caroline J. Clark, Rusty Nichols, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Smart Growth And Other Infirmities Of Land Use Controls, Bernard H. Siegan Jan 2001

Smart Growth And Other Infirmities Of Land Use Controls, Bernard H. Siegan

San Diego Law Review

The great lesson of our time is that the forces of production, conservation, and creativity exist principally in the marketplace and not in government. To be sure, private entrepreneurs act largely in their own self-interest, but probably no more so than government officials, and their endeavors in the economic area are much more beneficial to the public.


V.17-2, 2001 Masthead Jan 2001

V.17-2, 2001 Masthead

California Regulatory Law Reporter

No abstract provided.


Legislative Committee Abbreviations Jan 2001

Legislative Committee Abbreviations

California Regulatory Law Reporter

No abstract provided.


Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez Jan 2001

Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez

California Regulatory Law Reporter

No abstract provided.


Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth Jan 2001

Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Dental Board Of California, Collette C. Galvez, Peter Sansom Jan 2001

Dental Board Of California, Collette C. Galvez, Peter Sansom

California Regulatory Law Reporter

No abstract provided.