Jurisprudence Commons^™

Jerry-Building The Road To The Future: An Evaluation Of The White Commission Report On Structural Alternatives For The Federal Courts Of Appeals, Joseph N. Akrotirianakis, Paul Garo Arshagouni, Zareh A. Jalotorssian

San Diego Law Review

For years, critics have argued that the United States Court of Appeals for the Ninth Circuit should be divided because it has grown too large to manage its caseload effectively.' They blame the Ninth Circuit's size for alleged increases in intra-circuit conflicts, inefficiency, delay, and a lack of collegiality among its judges.! In recent years, conservative

congressmen in the Pacific Northwest have criticized the San Francisco- based circuit for its "liberal" rulings on everything from the environment

to the death penalty?

Judicial Review Of Discretionary Immigration Decisionmaking, Michael G. Heyman

San Diego Law Review

The Immigration and Nationality Act vests enormous discretion in the Attorney General and subordinates, such discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article explores the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. The author demonstrates the "disintegration" of administrative law and what he sees as the failure of its general precepts to accommodate immigration issues. The Article traces the development of faulty doctrine through case law, resulting in a stunted judicial …

The Voiceprint Technique: Its Structure And Reliability, Bernard S. Kamine

San Diego Law Review

Identification of individuals by the sound of their voices has long been an accepted courtroom practice. It has been accompanied directly both in the courtroom and extra-judicially, as well as indirectly with sound recordings. Voice identifications are essential to authenticating sound recordings for introduction as evidence, and are frequently the most conclusive evidence in certain types of criminal prosecutions such as those involving obscene phone calls. Until recently all voice identifications were made by the human ear, by someone familiar with the sound of the voice being identified. Although generally accepted by the courts, it has been recognized that such …

Perspectives On Perennial Problems Of Jurisprudence, Joseph J. Darby

San Diego Law Review

A review of E. Bodenheimer, Treatise on justice, W. Friedmann, Legal theory, 5U., and B. Wortley, Jurisprudence. To a certain degree, law is a refection of the social environment in which it exists. Since a multiplicity of forces is constantly at work to produce stresses and tensions that serve to keep society in an incessant state of flux, the law also finds itself in continual need to adjust and readjust. Traditionally, the contemplative jurist in search of aid in the solution of novel social problems has turned to philosophy. Despite the increasing popularity of the auxiliary disciplines of sociology, psychology …