Law Commons^™

V.17-1, 1980-81 Masthead

San Diego Law Review

No abstract provided.

The Immigration Selection System: A Proposal For Reform, Austin T. Fragomen, Alfred J. Del Rey Jr.

San Diego Law Review

This Article reviews the historical background of our present immigration law and analyzes the policy goals of immigration law in light of the major contemporary issues that bear directly on the immigration act: population growth, the requirements of the labor force, family reunion, illegal immigration, and refugee admission. The authors contend that the immigration act in its present form does not adequately deal with the expanding nature of these problems, and offer recommendations to reconcile present deficiencies with recent and foreseeable world developments. The authors suggest reforms that would balance humanitarian goals with domestic, political, socioeconomic, demographic, and foreign policy …

Consequences Of Nationality In American Law, Michael Terry Hertz

San Diego Law Review

Nationality plays its principal role in immigration matters, but it has been put to significant uses in other areas of American law. This Article focuses on the consequences of the application of the nationality concept in constitutional law, civil rights legislation, taxation, and securities regulation. The author examines the functions which nationality has been required to fulfill and assesses the concept's capacity for accomplishing assigned legal tasks. The author criticizes the overbroad uses of nationality as a legal regulator, but finds that the concept can play a useful, though restricted, role in some areas.

The Operations Instructions Of The Immigration Service: Internal Guides Or Binding Rules?, Leon Wildes

San Diego Law Review

This Article addresses the impact of Operations Instructions, promulgated by the United States Immigration and Naturalization Service, and their impact on the determination of alien's rights. The author argues that these instructions can be more crucial to the determination of an alien's rights than the terms of the statute itself. The author suggests that the courts are slowly beginning to recognize that many such instructions have a substantial impact on aliens' rights and may sometimes convey very tangible substantive benefits. The author argues that the courts should more consistently treat these instructions as rules to be promulgated, implemented, and generally …

To Be Or Not To Be A Resident - Tax Is The Question, Sanford M. Fisch

San Diego Law Review

This Comment examines this issue of taxation of nonresident aliens. The author argues that nonresident aliens have varying degrees of activity in the United States because of business, family, or tourism. When this level of activity is of the requisite nature, an alien can be classified as a resident for United States income tax purposes, and that different treatment under the tax laws of residents and nonresidents makes this distinction important. The author examines income tax planning for the nonresident alien, who is married to a citizen or resident of the United States, and for the nonresident alien, who is …

Recent Developments In The Immigration Laws Of The United States 1978-1979, Anthony J. Passante Jr.

San Diego Law Review

This Synopsis focuses on the recent developments in the field of immigration law, during 1978 to 1979. The discussion of the developments includes selected legislative enactments and regulations promulgated pursuant to said enactments, important judicial decisions, significant administrative actions taken by the Immigration and Naturalization Services and the Board of Immigration Appeals, and proposed legislation. The Synopsis serves as a brief summary of current events, and as a guide for further research into United States immigration law.

Limiting Congressional Denationalization After Afroyim, J. P. Jones

San Diego Law Review

This Comment discusses the constitutional aspects of loss of United States citizenship. The author contrasts expatriation with procedures developed by the state for involuntary deprivation of citizenship. The author further contrasts early judicial and legislative debates over the existence of a citizen's constitutionally guaranteed right to forfeit his citizenship with the twentieth-century controversy surrounding unilateral government action to denationalize. Examining existing statutes in light of recent Supreme Court decisions limiting congressional authority in this area, the author suggests an analysis of contemporary statutory presumptions based upon the relationship of proscribed activity and allegiance.

Woolsack 1979 Volume 20 Number 6, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Counseling for new Counselors Law students can overcome their fears by Janice Belluci

San Onofre: Where does the fault lie? Speaker points out danger by Todd Spangler

From the Editor

From the readers

Viewpoints

Briefly

The school on the hill by Al Schack

A tribute to a great Prof

Presents for a new year by Amy Wrobel

Record reviews: the knack

Sex and the law student by Scott Kolod

The press is in a mess Bernstein speaks at U.S.D by Dan Trigoboff

Levitt Winners

Kerig Honored at Football Banquet by Scott Kolod

Pacers, Fat Cats Sweep Softball …

Woolsack 1979 Volume 20 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Mission Bay Birds may stop development by Dave Axtmann

Law school is more than a paper chase. It is a real run for the money by Marian Forney

Tutorial Supervisory Board to aid program recovery by Michele Bouziani

From the paper

From the readers

No corporate welfare for Chrysler by Todd Spangler

Stop the battering by Mary Jo George

Law Library infested with undergrads by Jon Jaffe

Environmental Law Clinic springs into action by Dima Smirnoff

The Ernest Hemingway Grace Under Pressure Awards for 1979 by Amy Wrobel

Poetry

Briefly

Spring semester faculty evaluations by Jeff Thoms …

Woolsack 1979 Volume 20 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Victim vs. Perpetrator: Nader visits consumer law class by Darla Anderson

Shut down, locked out uptight

Editorial

Letters

Briefly…

Profile of this first year class by Jim Poole

Paris: Summer school with a bonus by Jack O'Keefe

Judges impressed by students' skill by Maria Meyer

First year problems need first year advisors. Program gets mixed reaction by Michele Bouziane

The practice of law: A fairy tale by Kenneth W. Graham

Game shows the taste of million $ by Amy Wrobel

Art etc. Marquis ignites at lunch by Mary Lynne Lewis

DFX2 on the new wave by Sandy …

Woolsack 1979 Volume 20 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Rape: a change in attitude by Janice Bellucci

Law Review: Where does the buck stop? by Henry Tubbs

Editorial

New SBA reps

More shenanigans … LR's tenth alternate by Henry Tubbs

Marshall has high Hopes by Scott M. Kolod

MMM Golf tournament

Real Property - a real professor

Change in curriculum by Michele Bouziani

Attorney client winners by Darla Anderson

Wrobel's law on Horrors of the open road by Amy Wrobel

How much do they rate? by Jeff Thoma

The seduction of Alan Alda by Diane Ridge

Stanley Clarke in review by Sandy Jossen

Student evaluations: Faculty …

Woolsack 1979 Volume 20 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Florida Canyon ... We're Losing by Dave Axtman

Job outlook bleak for law grads

Woolsack Racks 'Em Up

SBA ’79 by Troy B. Smith

Moot Court Competition

Hanging On ...by Amy Wrobel

New Woolsack Editor Elected

CalPIRG Needs Volunteers

Second Thoughts for first year students – adults only Welcome? by Jeff Thoma

Prescription: Law Associates by Christine Goodman

The ugly duckling by Al Schack

Open Letter to U.S.D. by Sandy Jossen

The Story of Double Murder: Where Lawyers Provide Comic Relief by Diane Ridge

Carnage ...

Free Classifieds

Fall Sports Review by Ardie Boyer

Intramural schedule fall …

Motivation And Constitutionality: A Postscript, Lawrence A. Alexander

San Diego Law Review

The editors of the San Diego Law Review have been kind enough to allow me to add briefly to my prior remarks on motivation and constitutionality.

Exhibitionism: A Psycho-Legal Perspective, Marilyn Ruth Riley

San Diego Law Review

The criminalization of exhibitionism is indicative of our society's unwillingness to deal rationally with sex offenses. As a result of this attitude, present treatment of exhibitionists is ineffective and even harmful. Ms. Riley argues that in order to encourage a more appropriate response to these men, their condition must be viewed from a psycho-legal perspective, which considers the presence of emotional disorders in individuals caught up in the penal system. Applying this perspective, the author proposes a diversion program that incorporates medical understanding of the disorder and therefore offers the possibility of curing exhibitionists and restoring them as productive members …

People V. Wheeler: California's Answer To Misuse Of The Peremptory Challenge, Douglas H. Barker

San Diego Law Review

In People v. Wheeler, the California Supreme Court limited the scope of peremptory challenges. Under the decision, no juror may now be challenged from a jury panel on the basis of his group affiliation. Such exclusions were found to be violative of the representative cross-section requirement for impaneling an impartial jury. This Comment discusses the court's rationale in deciding Wheeler. It then examines (1) whether the holding should be extended to civil litigation, (2) when a "group" becomes legally cognizable, (3) how the burden of proof may be met, and (4) what the role of the trial judge should be …

Reductionism In The Law Schools Or Why The Blather About The Motivation Of Legislators, Arthur S. Miller

San Diego Law Review

The ghost of Christopher Columbus Langdell-the dean of the Harvard Law School whom Judge Jerome Frank once called a "brilliant neurotic"-still stalks the law schools. Often it comes to rest int he offices of the law reviews that most law schools think it necessary to publish. Here, Langdell's influence may be seen in almost everything the editors print: the choice of topics, the selection of articles, and particularly the affliction that Karl Llewellyn once called "cititis," the disease of too many footnotes. (The Disease is contagious; it infects the Supreme Court itself, as any issue of the Supreme Court Reporter …

California's Statutory Attempt To Regulate Foreign Corporations: Will It Survive The Commerce Clause, Mark E. Kruse

San Diego Law Review

Section 2115 of the California Corporations Code asserts control over select internal affairs of a foreign corporation if the corporation satisfies the two tests outlined in the statute. Examples of internal affairs include the election and removal of directors, method of voting for directors, and reorganizations and mergers. This Comment examines section 2115 in relation to the commerce clause of the United States Constitution. California's interests in enforcing the statute are balanced against the burdens imposed upon the free flow of interstate commerce. The author concludes that application of section 2115 excessively burdens interstate commerce and is therefore unconstitutional.

Sears, Roebuck & Co. V. San Diego County District Council Of Carpenters: The Demise Of Federal Preemption Of Labor Disputes, Terry Flett

San Diego Law Review

The National Labor Relations Board, with certain exceptions, has exclusive jurisdiction over labor disputes involving union activity which the provisions of the National Labor Relations Act may either protect or prohibit. In Sears, Roebuck & Co. v. San Diego County District Council of Carpenters, the United States Supreme Court excepted from this doctrine of federal preemption labor disputes involving peaceful trespassory union activity. This Comment examines the Sears decision and its impact and concludes that although the decision purports to create only an exception to the doctrine of federal preemption, the Sears exception undermines the very purpose and efficacy of …

Title 4.5: California Liquidated Damages, Michael John Mais, Paul B. Martins

San Diego Law Review

Recent criticisms of California's liquidated damages law prompted the California Legislature to substantially rewrite the law in this area. The new law was passed in 1977 and became effective in July of 1978. A presumption of validity for more liquidated damages clauses replaces a century-old presumption of invalidity. This Comment examines the rationale behind the new law, discusses relevant portions of the enactment, and analyzes any ambiguities which my still exist.

The Right To Jury Trial In Complex Civil Litigation, Tina Marie Pivonka

San Diego Law Review

This Comment examines the growing trend to strike jury demands in complex commercial litigation. The first section reviews the historical background of the seventh amendment right to jury trial. The second section examines Ross v. Bernhard, the leading Supreme Court precedent on the right. The writer next explores the five recent lower court cases dealing with a motion to strike jury demand. Finally the writer critically evaluates the new trend and demonstrates that Ross has been misinterpreted.

Books Received

San Diego Law Review

No abstract provided.

V.16-5, 1980-81 Masthead

San Diego Law Review

No abstract provided.

Confidential Communication Between Parent And Child: A Constitutional Right, Jeff M. Sandlow

San Diego Law Review

Prior to 1978 no jurisdiction, either by statute or common law decision, protected by a testimonial privilege the confidential communications shared between parents and their children. People v. Doe is the seminal case which recognized a constitutionally based privilege arising out of the developing federal right to privacy. This Comment explores the political theory, the psychological data, and the case law which mandates the protection of confidences born of this most intimate relationship.

Comparative Fault And Settlement In Joint Tortfeasor Cases: A Plea For Principle Over Policy, J. Adam Sarancik

San Diego Law Review

In American Motorcycle v. Superior Court, the California Supreme Court failed to extend the "pure" system of comparative negligence to multiple tortfeasor cases. California's system of comparative negligence remains "pure" only from a plaintiff's point of view. This Comment discusses how liability could, and why liability should, remain in proportion to fault among all parties in any negligence case.

V.16-4, 1980-81 Masthead

San Diego Law Review

No abstract provided.

Equity, Efficiency, And Income Tax Theory: Do Misallocations Drive Out Inequities, Boris I. Bittker

San Diego Law Review

The standard traditionally employed by tax theorists in assessing the federal income tax is equity, but a new generation of theorists argues that ostensible inequities are converted by the market into inefficiencies. These opposing theories are based on divergent behavioral assumptions: equity theorists usually assume that the economic burden of the tax falls on the nominal taxpayer, while efficiency theorists usually assume that the burden is partly or wholly shifted by the nominal taxpayer to customers, suppliers, or others. This article examines the relationship of these conflicting assumptions to the conclusions reached by equity and efficiency theorists.

Breaking The Chains That Bind: Arbitration Agreements Versus Forum Rights Under The Commodity Futures Trading Commission Act Of 1974, M. Van Smith

San Diego Law Review

Although Congress enacted legislation in 1974 to prohibit predispute arbitration agreements, the Commodity Futures Trading Commission (CFTC) has adopted a regulation allowing predispute arbitration agreements if customers are given the warning prescribed by the Commission. Since the 1974 legislation, some federal courts have refused to defer to the jurisdiction of the CFTC. The regulation adopted by the Commission and the cases refusing to defer to the jurisdiction of the Commission threaten to nullify the intent of Congress that arbitration be voluntary.

Private Actions Under The Suitability And Supervision Duties Of Exchange And Dealer Association Rules: The Fraud Requirement, Thomas Magliozzi

San Diego Law Review

A number of courts have implied private causes of action against securities broker-dealers for their breach of the supervision and suitability duties imposed by the self-regulatory rules of the New York Stock Exchange and the National Association of Securities Dealers. The prevailing view denies recovery in the absence of conduct "tantamount to fraud." In examining the development of the fraud requirement, the author distinguishes Rule 10b-5 actions and contends that such a strict curtailment of actions brought under self-regulatory rules is not compelled by clear judicial precedent or by legislative purpose.

The Death Of Palsgraf: A Comment On The Current Status Of The Duty Concept In California, Arthur N. Buck

San Diego Law Review

The California courts are in the forefront of the development of modern tort law into a pro-plaintiff, pro-recovery system. This Comment analyzes the evolution of the duty concept in California tort law. Duty has become a plaintiff-oriented doctrine. Duty has reduced the importance of proximate cause in the negligence analysis. Pro-defendant aspects of duty have atrophied, replaced by an analysis based primarily on foreeseability. Duty, traditionally decided by the trial judge as a threshold question of law, has in many recent cases been decided, in effect, by the jury as a question of fact.

Woolsack 1979 Volume 19 Number 12, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Law Ethics Professor Accused of Misusing Funds by Spencer Busby

Weckstein calls Scholarship Committee member "Paranoid" by Spencer Busby

Letters to the Editor

Leaving USO (or) Taking Heroin and Finding God by Spencer Busby

Alternative Summer School - Camp USD by Amy Wrobel

Defense of a Federal Criminal Case by Marry Steele

Establishing "Financial Need" by Jim Poole

Calendar: April 29 – May 20

Supreme Court Problems – Due to Ex-Law Review Clerks? by Jim Poole

Law Review Controversy Continues by Maria Meyer and Darla Anderson

USD Visitors Challenge USD Admissions Criteria by Steve Chaffin

Sports Forum …