Digital Commons Network^™

Woolsack 1984 Volume 25 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Student Loans: Delinquent Debtors Face Aggressive Action

Foundations Shaken: Professor Kerig on Crim Pro by Bruce Rorty

USD Gets $6.8 Million In Gifts

Sponsored by MUSLI: "Basic Guide To Mexican Law" Soon To Be Published by Julie R-Cardenas

From The Editor: Ed Meese And Crime by Scott Dreher

President's Report: November & Donut Etiquette by Sue Bridenbaugh

Guest Editorial: Do Grades Right, For a Change by Make Pfeiffer

USD Needs New Priorities by Bruce Rorty

Phonathon Cranks up the Donations

Alumni Office Notes

Letters to the Woolsack

90 Minutes of Question and Answer: Stevens Appears at Law …

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

Immigration Law Reform: Proposals In The 98th Congress, William French Smith

San Diego Law Review

This Article argues that recent years have brought a growing concern that national immigration policy is outdated and incapable of addressing the rising pressures of international migration, and examines currently pending legislation to reform immigration law. The author briefly describes the need for reform, the principles which should govern such reform, and the recent attempts by the legislative and executive branches to bring about change. He then analyzes the material provisions of the Immigration Reform and Control Act of 1983, and concludes that the legislation is an appropriate and needed answer to a growing problem.

Significant Developments In The Immigration Laws Of The United States 1982-1983, Daniel F. Morrin

San Diego Law Review

This synopsis outlines significant developments in immigration law from July 1982 through July 1983.

Southern Cross 1983, Volume 72 No. 43, Diocese Of San Diego, California

The Southern Cross Newspaper

Official publication of the San Diego Diocese since 1937.

Southern Cross 1983, Volume 71 No. 15, Diocese Of San Diego, California

The Southern Cross Newspaper

Official publication of the San Diego Diocese since 1937.

Memorandum Of Points And Authorities In Support Of Petition For Writ Of Error Coram Nobis For Gordon Hirabayashi, United States District Court Western District Of Washington

Petitions and Briefs

No abstract provided.

Petition For Writ Of Error Coram Nobis For Gordon K. Hirabayashi, United States District Court Western District Of Washington

Petitions and Briefs

No abstract provided.

Foreword, Alan K. Simpson

San Diego Law Review

Reform is imperative. This does not mean shutting ourselves off from the rest of the world. Immigration to America has been limited in various ways for more than a century and has been subject to various forms of numerical limitation for over sixty years. Immigration will continue to benefit the United States if the law is reasonably amended to be appropriate for contemporary conditions-and if the law can be enforced.

Lessons Of Comparative Criminal Procedure: France And The United States, Joseph J. Darby

San Diego Law Review

This Article argues that crime in the United States has reached socially unacceptable proportions and critiques the suggestions that the U.S. should look to the criminal justice models of other countries to help with the problem. The author analyzes a proposal inspired by the French system of criminal procedure, but finds it lacking in wisdom. The author provides suggestions capable of being implemented within the framework of Anglo-American law and which, if adopted, would demonstrate a determined national resolve to control crime and reduce the fear of it that currently permeates American society.

Southern Cross 1981, Volume 69 No. 30, Diocese Of San Diego, California

The Southern Cross Newspaper

Official publication of the San Diego Diocese since 1937.

Forcible Rape And The Right To Bail, Kathy M. Pisula

San Diego Law Review

This Comment examines the California Supreme Court's holding in In re Underwood that bail may not be denied to protect the public from those charged with a non-capital offense. The author argues that despite the validity of the court's proposition, the interests of society are under-protected with respect to the crime of forcible rape. The author suggests that a constitutional provision in needed, which denies the rights to bail to those accused of forcible rape when the "proof is evident or the presumption great" that the crime was committed. The author concludes that, while this proposed amendment would be constitutionally …

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 …

One Tier Beyond Ramapo: Open Space Zoning And The Urban Reserve, Sandra L. Mcmahan

San Diego Law Review

This comment examines the problem of managing urban growth while simultaneously preserving open space through careful planning. Specifically the comment examines the planning for the temporary preservation of open space that is a byproduct of the successful management of urban growth. The author begins by discussing a method of regulating open space land by Professor Robert H. Freilich. The author uses this method as a model to examine techniques for the conservation of open space land through the establishment of an urban reserve. The author pays special attention to the taking issues that must be circumvented if the program is …

Automatism: The Unconsciousness Defense To A Criminal Action, Patricia E. Gould

San Diego Law Review

This comment examines the development and significance of recognition of automatism as a defense to criminal charges. The author starts by discussing the medical concept of automatism. The author includes a discussion of the possible causes of automatism as well as the English and American law on the subject. Next the author explores whether a separate automatism defense should be recognized based on a common law argument and constitutional argument. The author concludes that the automatism defense should be recognized because there is not fault on the part of the criminal defendant and therefore no responsibility for the criminal act.

Watson And Ramey: The Balance Of Interests In Non-Exigent Felony Arrests, Nancy L. Schons

San Diego Law Review

Recently, the United States Supreme Court rendered its opinion in United States v. Watson, which dealt with arrests in public places. The California Supreme Court subsequently decided Ramey v. People, a case concerning an arrest made in the home. The balance between state and individual interests struck in these cases will have a dramatic effect on law enforcement and on the rights of suspects. While numerous commentators have addressed individual rights in the context of search law, none have directly considered the privacy rights of the arrestee. The purpose of this Comment is to explore the quality of fourth amendment …

Public Employee Legislation: An Emerging Paradox, Impact, And Opportunity, Thomas M. Fiorello

San Diego Law Review

This Comment will encompass three topics: First, governmental services are increasingly interrupted by public employee strikes; second, different statutory devices are evolving for negotiation and resolution of public employee disputes; and third, at least four provoking features are emerging from the different statutory approaches. Although the focus of this Article is upon California legislation, most of the remarks may be relevant elsewhere. Indeed, California is not alone in its current efforts to design vehicles for amicable public employment relations.

A Proposed Solution To The Problem Of The Undocumented Mexican Alien Worker, Gary H. Manulkin, B. Robert Maghame

San Diego Law Review

The major failure of present laws dealing with the immigration regulations is in the area of labor importation, certification and control. Over 90 percent of all problems facing the Immigration and Naturalization Service emanate from illegal-entrant alien workers. The purpose of this Article is to illustrate failures of the present laws, consider proposed remedies, and offer an alternative route for alleviation of the problem. The authors' proposal is directed toward further economic research, sociological studies and comprehensive political analyses to propose a legislative package which would completely supplant the present Act.

Southern Cross 1975, Volume 63 No. 40, Diocese Of San Diego, California

The Southern Cross Newspaper

Official publication of the San Diego Diocese since 1937.

Southern Cross 1975, Volume 63 No. 34, Diocese Of San Diego, California

The Southern Cross Newspaper

Official publication of the San Diego Diocese since 1937.

Tarasoff And The Psychotherapist's Duty To Warn, Dennis W. Daley

San Diego Law Review

This Comment will highlight the issues of the therapist's duty to warn potential victims and the duty to confine dangerous patients. A more detailed emphasis is placed on confidentiality and privilege in the therapist-patient relationship and on the predictability of violence. These issues provide a background for an analysis of the potential effects of Tarasoff on the psychiatric profession and the practical problems arising from the decision.

Cruel Or Unusual Punishments In California: New Problems In Fitting Punishment To Crimes, Robert L. Eisenberg

San Diego Law Review

Recently, two California courts of appeal have attempted to apply the cruelty standards laid down in Lynch to the punishment proscribed in a criminal assault statute. People v. Romo and People v. Wingo came to opposite conclusions as to whether the punishment was cruel or unusual. The conflict will be resolved by the Supreme Court of California when it reviews the two cases. This Comment will discuss the status of California's cruel or unusual punishment provision, and will analyze the important problems raised by Romo and Wingo.

The 1973 Obscenity-Pornography Decisions: Analysis, Impact, And Legislative Alternatives, David M. Hunsaker

San Diego Law Review

The purpose of this Article is to examine critically the rationale of those decisions and to assess their actual and potential impact. An exhaustive review of the history of obscenity in the courts is not contemplated nor necessary. Abler attempts at comprehensive treatment have, on occasion, been performed by members of the Court, as well as by scholars in the field. Constitutional history will be employed only insofar as it has a direct bearing upon the new guidelines announced by the Court and what one can expect from their subsequent application.

Incarceration For Civil Contempt: An Asserted Eighth Amendment Challenge Faces A Semantical Defense, Seth J. Kelsey

San Diego Law Review

The recent decisions that have attempted to explain the scope of the Cruel and Unusual Punishments Clause suggest that, abstractly, there may be some merit in the asserted eighth amendment challenge. Before the challenge can be argued from a position of strength, however, there is at least one prerequisite. The "distinction according to purpose" accepted by the courts must be recognized for what it is in many instances-a semantical distinction that fails to look at the coercive imprisonment any further than the locking of the jailhouse door. What strength there is in the challenge, in the context of coercion to …

California Assembly Advisory Council's Recommendations On Impasse Resolution Procedures And Public Employee Strikes, Michael E. Hooton

San Diego Law Review

This Article will focus on the Council's discussion of the controversial issues of dispute settlement procedures and strikes, and the effect that the proposed legislation, if enacted, would have on the practice of collective bargaining in California's public sector.

David Meets Goliath In The Legislative Arena: A Losing Battle For An Equal Charitable Voice, Edward W. Wachtel

San Diego Law Review

It is discriminatory not to allow tax exempt organizations to advocate directly before Congress on an equal basis with private business. Moreover, these organizations can be a valuable source of information. They can broaden legislators' understanding of proposed legislation, and they can suggest valuable legislative alternatives.

Report Of The Grand Jury Committee, San Diego County Bar Association, Norbert Hrenfreund, Edwin L. Miller Jr., Sol Price, David M. Gill, James M. Gattey

San Diego Law Review

A discussion of a study done determine four major issues: Should there be a Grand Jury? How should the Grand Jury be selected? What type of cases should be presented to the Grand Jury? How should the Grand Jury Proceedings be conducted? A history of Grand Juries and recommendations are also given by the author.

The Local "General Plan" In California, Alan R. Perry

San Diego Law Review

Details the history, substance, formulation and adoption of General plans by cities. This Article also discusses legal challenges to General Plans and the possibility of their amendment in the future.

Newsman's Immunity Statute--A Comparison Of Legislative Intent To Statutory Form, Ignazio J. Ruvolo

San Diego Law Review

The purpose of this Article will be to evaluate the need to protect the identity of sources of information from disclosure by extending the immunity statute to both newsmen and their sources. Also to be considered is the equally basic need to protect society from abuse of the immunity by unknown libelers and the infringements placed on the interests of justice by such an extension of the statute.

An Analysis Of Terry V. Ohio And Its Implications Upon The California Law Of Stop And Frisk, Judith N. Keep

San Diego Law Review

The controversy surrounding the legality of police "stop and frisk" practices at last has been partially resolved by the Supreme Court. In the case of Terry v. Ohio, which is further illuminated by its companion case Sibron v. New York, the Court established a constitutional standard for the frisk under the search and seizure clause of the fourth amendment. Additionally, it strongly suggested that the same standard would be applied to the stop. Thus, not only did the Court resolve the debate in favor of this often employed police practice, but under the doctrine of Mapp v. Ohio, the standard …