Digital Commons Network^™

Statutory Interpretation As A Parasitic Endeavor, Stephen F. Ross

San Diego Law Review

The principal theme of this essay is that statutory interpretation is a project that requires advocates and judges to utilize the insights of three discrete disciplines apart from law: communications and linguistics to understand the way that legislative drafters use words to communicate to others, either in text or in extratextual legislative material; political science to describe the way that legislators behave in enacting statutes; and political theory to provide a normative guide for courts interpreting statutes in a constitutional democracy. Judges, lawyers, and academics would find the process of interpretation more coherent if they transparently acknowledged when and how …

Introduction To The 2007 Editors’ Symposium: Informational Privacy: Philosophical Foundations And Legal Implications, Larry Alexander

San Diego Law Review

The outstanding collection of articles and comments thereon that follows this Introduction constitutes the 2007 Editors' Symposium of the San Diego Law Review. This year's theme is: "Informational Privacy: Philosophical Foundations and Legal Implications."

Public International Law And The Wto: A Reckoning Of Legal Positivism And Neoliberalism, S. G. Sreejith

San Diego International Law Journal

This Article proceeds in five parts. In part one, I review the scholarly skepticism as to how far international law is law in the "hard" sense and show that this skepticism has always permeated the discipline. In part two, I go on to examine what has prompted contemporary scholarship to credit the WTO with helping international law grow out of the "thin" normativity often attributed to it. The analysis suggests that certain features of legal positivism customarily associated with law in its strict sense, which were alleged to be lacking in international law, are found in the institutional apparatus of …

Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono

San Diego International Law Journal

Part I of this comment will examine the history and application of freedom of expression in Japanese case law and the evolution of the public welfare concept and its circumscribing effect on individual freedoms. Part II will explore the recent local regulatory efforts and the historical underpinnings for these laws that place restrictions on materials to children. Part III will compare the Japanese legislative endeavors with their American counterparts and highlight the reasons why United States laws will continue to be struck down by courts. Part IV will analyze the response of the video game industry to the onslaught of …

Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly

San Diego International Law Journal

This article examines the impact of the European Court's right to life jurisprudence on the issue of accountability for state violence in Northern Ireland. To date, the initiatives undertaken by the United Kingdom to comply with the European Court's rulings are largely unsatisfactory. Piecemeal institutional reforms aimed at preventing future breaches of Article 2 have failed to fully address the underlying concerns identified by the Court, and domestic right to life jurisprudence has placed significant limitations on the extent to which past violations of the right to life can be dealt with effectively in British courts. The United Kingdom's response …

Vista: October 25, 2007, University Of San Diego

USD Vista (1965-)

No abstract provided.

Faculty Newsnotes 2007 No. 400, Office Of The Provost

Faculty Newsnotes (1972-2010)

No abstract provided.

Vista: October 18, 2007, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: October 11, 2007, University Of San Diego

USD Vista (1965-)

No abstract provided.

Vista: October 4, 2007, University Of San Diego

USD Vista (1965-)

No abstract provided.

University Of San Diego Men's Soccer Media Guide 2007, University Of San Diego Athletics Department

Soccer (Men)

32 pages : illustrations, portraits ; 21.5 x 28 cm

University Of San Diego Volleyball Media Guide 2007, University Of San Diego Athletics Department

Volleyball (Women)

40 pages : illustrations, portraits ; 21.5 x 28 cm

University Of San Diego News Print Media Coverage 2007.10, University Of San Diego Office Of Public Relations

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

Vista: September 27, 2007, University Of San Diego

USD Vista (1965-)

No abstract provided.

The Dynamics Of Human Rights And The Environment, Kenneth Roth

Joan B. Kroc Distinguished Lecture Series

Table of Contents:

Joan B. Kroc Institute for Peace & Justice--p.4.
Joan B. Kroc Distinguished Lecture Series--p.6.
Biography--p.10.
Interview--p.12.
Welcome by Dean William Headley--p.32.
Introduction by Dr. Joyce Neu--p.34.
Lecture--p.37.
Questions and Answers--p.60.
Related Resources--p.72.
About the University of San Diego--p.74.

Vista: September 20, 2007, University Of San Diego

USD Vista (1965-)

No abstract provided.

Faculty Newsnotes 2007 No. 399, Office Of The Provost

Faculty Newsnotes (1972-2010)

No abstract provided.

University Of San Diego News Print Media Coverage 2007.09, University Of San Diego Office Of Public Relations

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

Usd Magazine Fall 2007, University Of San Diego

University of San Diego Magazine (1992- )

Contents; Editorial License; Letters to the Editor; Around the Park; Torero Athletics; Point of View; Connected by the Vine; Life in the City; Sacred Heart Still Beats; Alumni Update; Class Notes; USD Reflection

University Of San Diego News Print Media Coverage 2007.08, University Of San Diego Office Of Public Relations

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

I Teach What I Do, I Do What I Teach: The Experiences And Impacts Of Teaching Artists, Patricia L. Saraniero Edd

Dissertations

Nationwide, many public school districts are struggling to keep arts education available for their students. California public school districts, in particular, are hard-pressed to provide arts instruction to their students. One response to dwindling arts instruction has been the use of teaching artists. A teaching artist is at once a practicing artist and an educator. Very little is known about teaching artists, and the formal empirical research on them is limited. This dissertation used a mixed-method design, incorporating both surveys of principals and teaching artists and interviews with teaching artists, to develop a better understanding of the experiences and impact …

Justice Powell's Garden: The Ciraolo Dissent And Fourth Amendment Protection For Curtilage-Home Privacy, Catherine Hancock

San Diego Law Review

It was not surprising that the majority opinion in Ciraolo provoked an impassioned dissent. The decision was unprecedented in sanctioning aerial surveillance as a police strategy for evading Fourth Amendment prohibitions of surveillance on the ground. The officers rented a plane because they did not have probable cause to obtain a warrant to enter and search the backyard, and because their attempts to peer into the yard were stymied by a tall fence. They could not crawl over the fence because that intrusion would violate the householder's protected expectation of privacy in his curtilage, the Fourth Amendment buffer zone of …

Interrogating Terrorists: From Miranda Warnings To "Enhanced Interrogation Techniques", Ronald J. Rychlak

San Diego Law Review

An American citizen arrested within the United States would certainly have the right not to incriminate himself. A foreign national arrested outside of the U.S. would presumably not be protected. Other scenarios present more difficult issues. American courts, therefore, have to determine whether the Fifth Amendment's privilege against self-incrimination applies to non-American citizens, and whether an American police or military agent conducting an investigation abroad must provide some type of warnings before conducting an interrogation. The initial question would seem to be whether terrorist suspects are even entitled to the right protected by Miranda - the right not to incriminate …

Striking A Balance In Unlawfully Obtained Confession Cases: United Kingdom Pragmatism Against Principle, Jenny Mcewan

San Diego Law Review

In Part I of this Article, we provide a description of the facts and holding of United States v. Bowman. In Part II, we describe the ways in which lower courts have interpreted this decision. We point to various cases citing Bowman and show how these courts give exceedingly broad application to the holding - broader application than the opinion warrants. Finally, in Part III, we discuss the ways in which the courts should read Bowman and demonstrate how this more accurate reading of the Court's decision is consistent with the realities of twenty-first century global economies. In doing so, …

Keeping It Private, Maimon Schwarzschild

San Diego Law Review

Public law adjudication has grown dramatically in recent decades in many English-speaking countries. In the United States, and increasingly in other countries where it used to be rare for public questions to be decided in court, controversial questions of public policy are tried as constitutional or human rights issues and decided by court order. But in other areas of law - in everyday tort, contract, and property cases - court decisions are typically much less dramatic and seldom if ever announce controversial innovations in public policy. Yet in private law cases too there are implicit questions of social justice. In …

University Of San Diego News Print Media Coverage 2007.07, University Of San Diego Office Of Public Relations

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

Advocate 2007 Volume 24 Issue 1, Office Of Development And Alumni Affairs, Usd School Of Law

Advocate

No abstract provided.

University Of San Diego News Print Media Coverage 2007.06, University Of San Diego Office Of Public Relations

Print Media Coverage (1947-2009)

Printed clippings housed in folders with a table of contents arranged by topic.

Usd Magazine Summer 2007, University Of San Diego

University of San Diego Magazine (1992- )

Contents; Editorial License; Letters to the Editor; Around the Park; Torero Athletics; Point of View; Knowledge Central; Feeling; Dealing; Healing; New-Fashioned Poet; Old-Fashioned Soul; Campaign Corner; Alumni Update; Class Notes; USD Reflection

Faculty Newsnotes 2007 No. 398, Office Of The Provost

Faculty Newsnotes (1972-2010)

No abstract provided.