Law Commons^™

V.1, 2000 Masthead

San Diego International Law Journal

No abstract provided.

Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres

San Diego International Law Journal

This Article examines this conflict between U.S. trade and immigration law and policy and asks whether the United States could apply some of the principles underlying its free trade policy to its immigration law in a way that benefits the U.S. economy and its workers. In Part II, this Article explores how U.S. immigration law protects U.S. labor. Specifically, Part II focuses on the controversy surrounding the H-1B visa program for non-immigrants and U.S. treatment of skilled workers from other countries, as the H1-B program is a good potential starting point for a new approach to immigration law. Part III …

The Rome Convention: The Contracting Parties' Choice, Gina M. Mcguinness

San Diego International Law Journal

This Comment explores the provisions of the Rome Convention and the advantages contracting parties can benefit from through knowledge of such provisions. The main focus of this Comment is English conflict of laws rules related to contractual obligations that are governed by the Rome Convention. England and its laws on international contracts have been chosen as the appropriate subject of this Comment for the following reasons. First, because international conventions and treaties do not apply to all countries but only to those who ratify them, it is easier to see how the rules of such conventions are applied by a …

Parties In Israel: Between Law And Politics, Ariel L. Bendor

San Diego International Law Journal

The decline in prestige and influence of the political parties in Israel, particularly the larger parties, has become a source of distress for many in Israel. Similarly, in the United States, where the significance of parties is also recognized, many have shown concern for weakening of the dominant political parties. In the American system where politics are ruled by two strong national parties, one of the most common concerns is aimed at the potential possible damage to smaller parties and independent candidates. But, in Israeli, the nature of politics is becoming increasingly sectoral, personal, superficial and populist. As is often …

Foreword, John M. Rogers

San Diego International Law Journal

It is thus an exciting time of change for lawyers of all kinds, a time in which the University of San Diego School of Law has seized the day to inaugurate an outstanding journal on international and comparative law.... This inaugural volume treats issues at the core of how the international legal system is changing, and responding to change.

Policy Issues Relating To The U.S. Taxation Of Foreign Persons Engaged In Business In The United States Through Agents: Some Proposals For Reform, Richard Crawford Pugh

San Diego International Law Journal

This Article will begin by discussing the circumstances under which a foreign person will be deemed to be engaged in a trade or business in the United States and by examining a proposal that would introduce a great level of certainty for tax planners and the IRS. The principal focus of the Article, however, will be on the circumstances under which the United States should impose U.S. income tax on the income of a foreign person from a business conducted, not directly in the United States, but through an agent acting on behalf of the foreign person. The treatment of …

International Criminal Defence Ethics: The Law Of Professional Conduct For Defence Counsel Appearing Before International Criminal Tribunals, Michael Bohlander

San Diego International Law Journal

This Article presents an overview of the Codes and relevant Rules of Procedure and Evidence of the ICTY and the ICTR, as well as an analysis of their provisions. The ICTR's Code of Conduct is almost identical to the ICTY's Code of Conduct. Primarily, this Article examines ICTY law. This Article closes with an outlook on the future of criminal defence before international criminal tribunals. As of yet, there is no provision for the professional conduct of defence counsel before the International Criminal Court (ICC).

Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White

San Diego International Law Journal

This Comment will discuss Northern Ireland's contentious Orange marching season and will review the history of Northern Ireland and its significance to the present day antagonists. It will further explore the law of Northern Ireland that is designed to protect the right to parade while preserving the public order, and consequently the related British legal machinery and its common law development. This Comment will also discuss the failure of Police Powers with respect to contentious parades in Northern Ireland, and will analyze the Parades Commission's prospects for success in diffusing sectarian animosity and violence associated with parading in Northern Ireland …

Athletic Commission, Sapna Iyer

California Regulatory Law Reporter

No abstract provided.

Legislative Committee Abbreviations

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Michelle J. Hubbard

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Sapna Iyer, Rebecca A. Richards, Monisha Ann Coelho, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Charlotte Wilder, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Bureau Of State Audits, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Legislative Analyst's Office, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

The Sanctity Of Association: The Corporation And Individualism In American Law, Liam Seamus O'Melinn

San Diego Law Review

American society and law display a deep reverence for the group, as long as it assumes corporate or quasi-corporate form. This reverence is not fleeting; rather, it has deep historical roots. In fact, it was there before the republic came into being and it played a profound role in the founding of the nation. Moreover, these roots are not only traditional, but philosophical and religious as well. This Article explores those roots, with three goals in mind. First, to correct the mistaken notion that American law has historically demonstrated a commitment to the individual at the expense of the group, …

Masthead

San Diego Law Review

No abstract provided.

Cultivating The Genetic Commons: Imperfect Patent Protection And The Network Model Of Innovation, Jonathan M. Barnett

San Diego Law Review

This Article enters this debate and argues the following position. Assuming that antitrust authorities persist in certain strategies to impede patent consolidation, the recent introduction of patent rights for certain biotechnological innovations is likely to encourage private investment in the genetic commons and reduce (or, at least, not enhance) the accessibility costs that could stunt technological advance. To reach this conclusion, this Article shows that the two leading theories of patent protection, the "incentive" theory7 and the "prospect" theory,8 do not explain private industry's willingness to sink significant investment capital into highly uncertain biopharmaceutical projects. These theories offer insufficient explanations …

What We Do When We Do What We Do And Why We Do It, Leo Katz

San Diego Law Review

But what exactly am I talking about when I speak of symmetry and asymmetry in law and ethics? It may be clear enough what those notions mean in geometry, but how are they to be understood in law, or

for that matter in ethics, more generally? Let me start with symmetry- its meaning and the benefits of exploring it. Rather than try to define the

term, however, I will offer what I think is a pretty self-explanatory example of the phenomenon as it arises in law and ethics. It is an example that has fascinated me for quite some time: …

Theories Of Areas Of Law, Michael Moore

San Diego Law Review

The topic of this symposium is "theories and the law." Since this is such an enormously broad topic, the first thing to do is to narrow it a bit. As I shall discuss it, the topic is not on the central topic of jurisprudence, which is the theory of law. My topic is theories within our law, rather than theories about the nature of law in general. Often we call such theorizing internal to the law we have, "internal jurisprudence," to be contrasted with an "external jurisprudence" that is about law as such. Within internal jurisprudence, there is still considerable …

A Primer On The Civil Trial Of A Sexually Violent Predator, Joan Comparet Cassani

San Diego Law Review

Involuntary commitment' for sexually violent predators became the law in California in 1996. This law, the Sexually Violent Predator Act, provides for a civil jury trial.! This trial is unique, since some of the procedural protections afforded a criminal defendant apply. For example, a unanimous jury must find, beyond a reasonable doubt, that the individual is a sexually violent predator.

The Act provides for the treatment of the individual if committed, and carefully crafts the procedures for the mental health evaluation and review process. Unfortunately, the part of the statute that provides for the civil trial is not as tightly …

An Analysis Of California's Common And Statutory Law Dealing With Unsolicited Commercial Electronic Mail: An Argument For Revision, Calvin Whang

San Diego Law Review

This Comment will examine the law governing unsolicited commercial electronic mail in California. Part II details the growth of the Internet and unsolicited commercial electronic mail. Part III examines the law of trespass to chattel as applied to unsolicited commercial electronic mail in California. Part IV examines recent legislative efforts to regulate spam in California. Part V analyzes the implications of the new unsolicited electronic mail legislation in California. Finally, Part VI details some suggested revisions to the California statute dealing with unsolicited commercial electronic mail.

The Market Power Requirement In Antitrust Rule Of Reason Cases: A Rhetorical History, Mark R. Patterson

San Diego Law Review

Under section 1 of the Sherman Act,' on which this Article will focus, a central position for market power has been mandated neither by statute nor by the Supreme Court. Section 1 refers only to "contract[s] ... in restraint of trade,"' language that suggests no market power requirement. Nor has the Supreme Court imposed any general market power requirement under section 1. To be sure, the Court has imposed market power requirements in certain categories of section 1 cases, but they are only those cases in which the plaintiff proceeds under a per se theory.' Indeed, the Court has on …

Masthead

San Diego Law Review

No abstract provided.

Democracy Within Federalism: An Attempt To Reestablish Middle Ground, Alexander Hanebeck

San Diego Law Review

the conflict between the two levels of government, state and federal, is a very old one. The main battleground of this debate, however, has been over states' rights and the protection of individual rights by federal courts. As John Hart Ely observed, this is not where federalism hangs in the balance. He correctly points out what is becoming obvious in recent Supreme Court decisions. For the existence of states as independent entities, it is more important where legislative competence lies. 3 This Article is concerned with the groundwork for a debate over the distribution of legislative competence, because it attempts …

The Brandeis Legacy, Mary Murphy Schroeder

San Diego Law Review

Louis Brandeis was the greatest lawyer of the early twentieth century, and perhaps of the entire century. He was brilliant, driven, charismatic, and absolutely devoted to improving the lives of the common people of the United States. Put in more contemporary terms, he was committed to the notion that technological and economic advances should not widen the gap between the haves and the have-nots. His causes were the environment, citizenship, freedom of expression, quality of life in the workplace, protection against increasing power wielded by large corporations, and protection of individual privacy. All were issues that emerged at the beginning …

Dropping Slugs In The Celestial Jukebox: Congressional Enabling Of Digital Music Piracy Short-Changes Copyright Holders

San Diego Law Review

In response to the myriad new methods of copying that are emerging from the ongoing digital revolution, Congress has enacted several amendments to copyright law.' These statutes have sought to protect copyright holders in the digital age without chilling the development of new technologies or interfering with consumer access to copyrighted works. Specifically, the Audio Home Recording Act of 1992 ("AHRA") recognized the tremendous potential for piracy created by consumer access to digital audio recording devices. The purpose of the AHRA is not only to prevent infringing acts, but also to compensate copyright holders for the inevitable instances of illicit …

The Honeymoon Is Definitely Over: The Use Of Civil Rico In Divorce

San Diego Law Review

Within the field of family law, civil RICO is making an appearance in the aftermath of divorce cases. This statute appeals to both litigants and lawyers because of its generous civil provisions.8 Money is the motivating factor behind the use of civil RICO. Therefore, a vengeful ex-spouse, and his9 lawyer, have much to gain from pursuing RICO allegations.

Adequate Special Education: Do California Schools Meet The Test?

San Diego Law Review

This Comment argues that the demands for general education efficacy apply a fortiori to disabled children. This Comment further contends that while special education law based on federal statute may be insufficient to support such accountability, the California Constitution provides a legal basis without further statutory enactments. The basis is found in adequacy assurances of article IX, section 1 of the California Constitution: the Education Clause."

Toward A Theory Of Regulatory Takings For Intellectual Property: The Path Left Open After College Savings V. Florida Prepaid, Shubha Ghosh

San Diego Law Review

This Article argues that an infringement of intellectual property rights by a state government constitutes a regulatory taking, requiring compensation to the intellectual property owner. The regulatory takings doctrine is a controversial one. Almost everyone agrees that if a state government physically takes property from its citizens, the government should compensate the owners. Nevertheless, the proposition that state regulation of its citizens' property requires compensation is not as easy to endorse. All regulation affects property in some way, either by reducing its value or by limiting its use. A requirement of compensation could potentially cripple the functioning of state governments. …