Digital Commons Network^™

Of Courts And Closets: A Doctrinal And Empirical Analysis Of Lesbian And Gay Identity In The Courts, Todd Brower

San Diego Law Review

The decision4 to acknowledge one's sexual orientation-to "come out'5 in common parlance-exposes gay people to a variety of responses from acceptance, to ridicule,6 to loss of contracts or other means to earn a living, to termination of employment or other benefits.8 Nevertheless, it is an essential step toward lesbian and gay persons' full and equal participation in American society. Legal rules can help or hinder this process; current doctrine, unfortunately, does both.

Smart Growth And Other Infirmities Of Land Use Controls, Bernard H. Siegan

San Diego Law Review

The great lesson of our time is that the forces of production, conservation, and creativity exist principally in the marketplace and not in government. To be sure, private entrepreneurs act largely in their own self-interest, but probably no more so than government officials, and their endeavors in the economic area are much more beneficial to the public.

Privatizing Social Security, Jerry W. Markham

San Diego Law Review

This Article will address the debate and discuss regulatory concerns that would arise with the creation of private social security accounts. As will be shown, the present system fails to provide real social security, and deprives those most in need of a retirement program of an opportunity to increase their wealth or to have a comfortable retirement. Shifting to a private system would be expensive, but could be accomplished through recognition of the benefits of private investments and through a program of tax credits and deductions. Existing regulatory requirements protect private social security account holders from fraud, as well as …

Limitations On The Consumer's Right To Know: Settling The Debate Over Labeling Of Genetically Modified Foods In The United States

San Diego Law Review

Following this introduction, Part II of this Comment begins by providing some background to the scientific and regulatory nature of the GM food debate.26 Due to the dispute that is likely to center around the FDA's recent decision, Part El of this Comment addresses the precedent that supports the FDA's actions and demonstrates that the FDA has acted appropriately under the circumstances. Part IV adopts and applies a balancing approach designed to evaluate whether mandatory labeling initiatives are appropriate to protect the consumer's right to know. When weighing the rights of the food suppliers (i.e., those that would be burdened …

“God Told Me To Kill”: Religion Or Delusion?, Grant M. Morris, Ansar Haroun

San Diego Law Review

This Article explores how, in assessing the motivation of those who kill because they believe they were directed by God to do so, society distinguishes religious-based decisions from delusional decisions that result from mental disorder. Part II discusses how religion is defined in our society, and Part III considers the extent to which religious conduct, as opposed to religious belief, is protected from governmental intrusion.

Sex Changes And “Opposite-Sex” Marriage: Applying The Full Faith And Credit Clause To Compel Interstate Recognition Of Transgendered Persons’ Amended Legal Sex For Marital Purposes

San Diego Law Review

This Comment argues that, in most cases, states are constitutionally bound to give full faith and credit to laws and judgments rendered in

sister states, including those that result in changes of the sex designated on birth certificates. The sex designated on the birth certificate controls gender identity for all legal purposes of the individual named therein. Therefore, unless a forum state demonstrates that allowing transsexuals and intersexuals to marry in their legal gender is contrary to an important state interest, that state must recognize “opposite-sex” marriages involving transsexuals and intersexuals.