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From Dust To Dust? A Legislator's View Of California's Coming Water Crisis, Thomas H. Kuchel
From Dust To Dust? A Legislator's View Of California's Coming Water Crisis, Thomas H. Kuchel
San Diego Law Review
Fortunately, there exists a spectrum of possibilities for supplying the projected requirements for additional water. The gravity of the situation dictates that all of these possibilities be examined in detail. We must learn to control and abate pollution where it has despoiled water sources. We must develop and improve our techniques of waste-water reclamation, since, although we have only a fixed amount of water, by reuse we might multiply the supply many fold. We must continue the development of techniques for desalination of sea water and brackish water. We must continue our research into weather modification in the hope that …
Federal Income Tax - Residence Located Apart From Premises Where Employee Performed Duties Is Not "On The Business Premises Of The Employer" As Required By 1954 Int. Rev. Code Section 119; Rental Value Of Residence And Value Of Food Supplied By Employer Not Excludable From Gross Income. Commissioner V. Anderson (6th Cir. 1966), James B. Franklin
San Diego Law Review
The Sixth Circuit Court of Appeals, in reversing the Tax Court, held that the value of the meals and the lodging was not excludable from gross income because the meals and lodging were not furnished "on the business premises of the employer" as required by Section 119 of the Internal Revenue Code of 1954. Commissioner v. Anderson, 371 F.2d 59 (6th Cir. 1966).
California's Aggravated Kidnapping Statute - A Need For Revision, William B. Enright
California's Aggravated Kidnapping Statute - A Need For Revision, William B. Enright
San Diego Law Review
A worthwhile inquiry can be made whether this law as it exists now, as it has been interpreted, and as it is now being enforced, genuinely reflects the intent of the legislature and seeks justice in our society. Should the slight movement of robbery victims within their residence, or place of business or employment by the perpetrators of a robbery constitute aggravated kidnapping in California? On many occasions, the California Supreme Court has held that it does. Should a simple civil assault, i.e., an unconsented to touching, constitute "bodily harm"? Some of the cases lend themselves to such an interpretation. …
The Fair Trial-Free Press Controversy - Where We Have Been And Where We Should Be Going, Paul C. Reardon
The Fair Trial-Free Press Controversy - Where We Have Been And Where We Should Be Going, Paul C. Reardon
San Diego Law Review
On October 2, 1966, the report of the American Bar Association Advisory Committee on Fair Trial and Free Press was released as a tentative draft. The release culminated twenty months of intensive work by the Committee, its Reporter, and its research staff. Since then, many thousands of copies of the draft in printed form have been distributed to judges, lawyers, schools of law and journalism, and to persons in responsible positions in the press, radio and television whose all important function is to keep the American people informed. The news media and other groups have also completed studies to which …
Passports - Statutory Construction Of Section 215 (B) Of Immigration And Nationality Act Of 1952 Held To Preclude Criminal Sanctions Against United States Citizens Who Travel Into Geographically Restricted Areas. United States V. Laub (U.S. 1967), Howard Lee Halm
San Diego Law Review
Appellees were organizers and leaders of the "Ad Hoc Student Committee for Travel to Cuba," also known as the "Permanent Student Committee for Travel to Cuba." Their purpose was to recruit a group of United States citizens who would travel to Cuba to observe and formulate an objective opinion of the Cuban situation. On June 25, 1963, appellees and followers, totaling 58, departed from Kennedy International Airport, and after circuitous routing, arrived in Havana on June 29, 1963. Following a two month visit, the group returned to the United States. Throughout the entire journey, appellees possessed unrevoked and unexpired passports …
Law And Psychology In Conflict. By James Marshall, Stanley E. Willis Ii
Law And Psychology In Conflict. By James Marshall, Stanley E. Willis Ii
San Diego Law Review
The author of Law and Psychology in Conflict, Mr. James Marshall, is a successful and respected member of the New York Bar. Constitutional law experts may remember him for his successful representation of the NAACP in the second of the "Texas primary election cases" (Grovey v. Townsend, 295 U.S. 45). His skills are not merely those of advocacy. He had been an Adjunct Professor of Law at New York University, has been the president of the New York City Board of Education, and has written several books and articles on political philosophy. Mr. Marshall is a successful blend of brilliance, …
Federal Income Tax - Taxpayer Who Carried Briefcase Sized Bag Of Tools Allowed To Deduct Transportation Expenses Incurred In Driving To And From His Home And Various Work Sites As An Ordinary And Necessary Business Expense. Sullivan V. Commissioner (2d Cir. 1966), William D. Palmer
San Diego Law Review
Lawrence D. Sullivan, a wire lather employed by a New York City construction company incurred $1,494.72 of expenses for the use of his car in driving to and from his Staten Island home and different job sites in and around New York City. He deducted this amount as an ordinary and necessary business expense on his federal income tax return for 1962. Sullivan carried the tools of his trade in a briefcase-sized bag which weighed approximately thirty-two pounds when filled with tools. He was unable to leave his tools at the various job sites as there were no safe storage …
Legal Profession - Standing For Admission - Standards Relating To Admission Require A Rational Connection With The Applicant's Fitness Or Capacity To Practice Law; Investigation Into Moral Character To Be Limited To Determining Whether The Applicant Will Obstruct Justice Or Act Unscrupulously As An Officer Of The Court. Hallinan V. Committee Of Bar Examiners (Calif. 1966), Roy W. Paul Jr.
San Diego Law Review
Terence Hallinan was refused certification for admission to practice law in California by the Committee of Bar Examiners upon a finding that he was not of "good moral character." The Committee's determination was based on Hallinan's beliefs and activities in connection with "civil disobedience" and, in particular, several misdemeanor convictions arising from these activities. In addition, Hallinan's past record included several fistfights and other conduct which the Committee held indicated a disregard for the law and a propensity for violence. The Committee's decision was made after lengthy hearings before a three-man subcommittee and a review of the entire record of …
Process - Foreign Publishing Corporation Subject To Suit In Connecticut For Libel; In Personam Jurisdiction Over News Media Governed By First Amendment Considerations Of Parties' Interests And Not By That Amendment's Application To "Minimum Contacts" Requirement Of Due Process Clause. Buckley V. New York Post Corp. (2d Cir. 1967), Michael Randall Rogers
San Diego Law Review
Alleging that the New York Post had published two newspaper editorials maliciously and with reckless disregard of the truth, the outspoken devotee of Conservatism, William F. Buckley, Jr., brought action for libel in the superior court of Connectict - his state of domicile. Though the defendant, a Delaware corporation with its principle place of business location in New York City, was in no way physically situate in the forum state, substituted service of process was effected by mail in accordance with the Connecticut "long-arm" statute. Answers to interrogatories later revealed that, on the days the editorials had appeared, 2,021 copies …
Antitrust - Clayton Act - Merger Of Third And Fifth Largest Los Angeles Retail Grocery Chains Held To Substantially Lessen Competition In Violation Of Section 7. United States V. Von's Grocery Co., (U.S. 1966), R. Thomas Wood
San Diego Law Review
This recent case discusses United States v. Von’s Grocery Co. (U.S. 1966).
Insurance - Self-Insurer Not Liable For Injuries Sustained Through The Negligence Of A Permissive User Not Operating The Vehicle. Glens Falls Insurance Co. V. Consolidated Freightways (Cal. App. 1966), Louis C. Novak
San Diego Law Review
This recent case discusses Glens Falls Insurance Co. v. Consolidated Freightways (Cal. App. 1966).
The Defendant's Rights Under English Law. By David Fellman, R. H. Maudsley
The Defendant's Rights Under English Law. By David Fellman, R. H. Maudsley
San Diego Law Review
I do not know what personal experience Mr. Fellman has of British courts and institutions. It must be considerable; for I would not think it possible to write with such authority and accuracy about such sensitive questions as the defendant’s rights without having been closely involved one’s self. At least that is what I find whenever I try to deal with any questions of American Law. Defendant’s Rights is a survey of the various stages of a criminal prosecution in England. It begins with an account of the English criminal courts which is commendably short and concise.
Domestic Relations - Judicial Determination That Grandparents Would Best Serve Interests Of The Child Supports Award Of Custody To Grandparents Rather Than Father. Painter V. Bannister (Iowa 1966), Veronica A. Roeser
San Diego Law Review
This recent case discusses Painter v. Bannister (Iowa 1966).
John Won't Sell - Bill Won't Buy - Does It Matter What The Reason Why-Antitrust Refusals To Deal, Richard S. Kelley
John Won't Sell - Bill Won't Buy - Does It Matter What The Reason Why-Antitrust Refusals To Deal, Richard S. Kelley
San Diego Law Review
In the many years since the passage of the Sherman Anti-Trust Act its substantive provisions have gone unamended. The Act proscribes concerted action resulting in restraints of trade or directed toward achieving monopoly power and single-enterprise action directed toward achieving monopoly power or the exercise of existent monopoly power already achieved. This in not to say that there has not been considerable legislation enacted subsequent to the Sherman Act proscribing both general and specific business enterprise activity some of which might well have been read into the Sherman Act by judicial interpretation. Particularly notable are the Federal Trade Commission Act …
The Conflict Of Laws And International Trade, Joseph J. Darby
The Conflict Of Laws And International Trade, Joseph J. Darby
San Diego Law Review
In this day and age we have grown accustomed to the cry of "crisis." There is a "crisis" in Southeast Asia, a "crisis" in Berlin, and the astute observer will take note of countless less dramatic but surely no less important "crises" on the homefront. Without at all questioning the urgency of these confrontations, it is possible to view them as focal points of political and social unrest, evidence of the contact and friction, which are produced whenever ideas and forces compete in favor.
Private Correspondence And Federal Obscenity Prosecutions, Peter H. Flournoy, J. Brian O'Donnell
Private Correspondence And Federal Obscenity Prosecutions, Peter H. Flournoy, J. Brian O'Donnell
San Diego Law Review
The Congressional power to establish and regulate the mails is derived from article I, section 8, clause 7 of the Constitution which states simply that Congress shall have the power "To establish Post Offices and post Roads." More than one thousand postal inspectors are employed to enforce the wide spectrum of laws, which have been enacted under this grant of power to assure the smooth and sage distribution of the mail. Through an analysis of legislative history, case history, and recent opinions of the Supreme Court, the writers will endeavor to support the proposition that private correspondence between consenting parties, …
Administrative Law - Federal Communications Commission - Responsible Representatives Of The Listening Public Granted Standing To Intervene At Fcc Hearings. Office Of Communications Of The United Church Of Christ V. Fcc (D.C. Cir. 1966)., William D. Palmer
San Diego Law Review
T Section 404.6 permits the arrest and prosecution of every person who, by acts or conduct, intends to cause a riot under circumstances where the probabilities that he will succeed are imminent. By allowing the police to arrest such a person or persons, the section intends to nip the riot-rose in the bud and thereby preserve the public peace. Through an analysis of legislative history, case history, and recent opinions of the Supreme Court, the writers will endeavor to support the proposition that private correspondence between consenting parties, whether "obscene" or not, is outside to scope of the obscenity statute.
Securities Regulation - Nondisclosure Of Inside Information Which Would Have Had Substantial Impact On Market Held Violative Of Securities Laws; Release Of Material Information To News Media Constitutes Full Disclosure. Sec V. Texas Gulf Sulpher Co. (S.D.N.Y. 1966), Michael Randall Rogers
San Diego Law Review
This recent case discusses SEC v. Texas Gulf Sulphur Co. (S.D.N.Y. 1966).
The Smut Rakers: A Report In Depth On Obscenity And Censors. By Edwin A. Roberts, Jr., Edward T. Butler
The Smut Rakers: A Report In Depth On Obscenity And Censors. By Edwin A. Roberts, Jr., Edward T. Butler
San Diego Law Review
The Smut Rakers, by Edwin A. Roberts, Jr., subtitled, A Report in Depth on Obscenity and the Censors, published by the National Observer, as a "NEWSBOOK," offers a generalized discussion of obscenity. Written without scholarly pretense, and in nonlegal language, this collection of articles serves as the point of departure for an inquiry into the nature of obscenity and all of its ramifications.
Elections - California Constitutional Provision Prohibiting Persons Convicted Of Infamous Crimes From Exercising Voting Privileges Held Inapplicable To Conscientious Objectors Convicted For Violation Of Federal Selective Service Act. Otsuka V. Hite (Cal. 1966), Howard Lee Halm
San Diego Law Review
This recent case discusses Otsuka v. Hite (Cal. 1966).
Federal Rules - 23b Derivative Suit - Shareholder Verification Based On Advice Rather Than Actual Knowledge Held Insufficient Grounds To Warrant Summary Dismissal. Surowitz V. Hilton Hotels Corp. (U.S. 1966), Robert F. Gusky
San Diego Law Review
This recent case discusses Surowitz v. Hilton Hotels Corp. (U.S. 1966).
Workmen's Compensation - Insurer Granted Employer's Immunity In Disputes Arising Out Of Insurer's Safety Inspections; Exclusive Jurisdiction In Industrial Accident Commission. State Compensation Insurance Fund V. Superior Court (Cal. App. 1965), Phillip J. Myles
San Diego Law Review
This recent case discusses State Compensation Insurance Fund v. Superior Court (Cal. App. 1965).
Zoning - Ordinance Requiring Dedication Of Property To City For Street Widening Purposes As Condition Precedent To Obtaining Building Permit Held Not A Taking Of Property Without Just Compensation. Southern Pacific Co. V. City Of Los Angeles (Cal.App. 1966), James B. Franklin
San Diego Law Review
This recent case discusses Southern Pacific Co. v. City of Los Angeles (Cal. App. 1966).
California's Urging To Riot Law, Robert R. Royse
California's Urging To Riot Law, Robert R. Royse
San Diego Law Review
On July 7, 1966, the California Legislature added to the Penal Code section 404.6 proscribing urging to riot. Ostensibly, the new section is intended to create a first line of defense against riots. It is meant to be an aggressive measure, designed to prevent the eruption of physical force or violence. It should be contrasted to the more restricted method of control, which goes into effect only after physical force or violence has erupted, or after a threat of such force or violence, accompanied by immediate power of execution. Section 404 of the Penal Code, which defines riot, embodies this …
Aliens And Citizenship - Homosexual Activity Prior To Entry Into United States Held Evidence Of "Psychopathic Personality" Sufficient To Warrant Deportation. Boutilier V. Immigration And Naturalization Service (2d Cir. 1966), John F. Brock
San Diego Law Review
This recent case discusses Boutilier v. Immigration and Naturalization Service (2d Cir. 1966).
Criminal Law - Defendant Incapable Of Comprehending Duty To Conform Actions To Duty Imposed By Law Does Not Possess Requisite Malice To Warrant Murder Conviction; Manslaughter Instructions Required. People V. Conley (Cal. 1966), David W. Ault
San Diego Law Review
This recent case discusses People v. Conley (Cal. 1966).
Constitutional Law - "Free Television Act" Passed By California General Electorate Held Violative Of Free Speech Guarantee. Weaver V. Jordan (Cal. 1966), Thomas William Humpherys
Constitutional Law - "Free Television Act" Passed By California General Electorate Held Violative Of Free Speech Guarantee. Weaver V. Jordan (Cal. 1966), Thomas William Humpherys
San Diego Law Review
This recent case discusses Weaver v. Jordon (Cal. 1966).