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Full-Text Articles in Law
The Coming Jurisprudence Of The Information Age: Examinations Of Three Past Socio-Economic Ages Suggest The Future, Gary G. Klueck
The Coming Jurisprudence Of The Information Age: Examinations Of Three Past Socio-Economic Ages Suggest The Future, Gary G. Klueck
San Diego Law Review
The Comment examines the jurisprudential evolutions inspired by the Feudal Age (property law), the Commercial Age (contract law), and the Industrial Age (labor relations law). The author suggests that, while humankind has recently moved from one great socio-economic epoch, the Industrial Age, into a new Information Age, there has not been a corresponding jurisprudential shift that would reflect the socioeconomic changes. The author argues that this "time-lag" phenomenon is consistent with past jurisprudential shifts that followed the changes from past socioeconomic eras. The author concludes by speculating on the probable evolution the shift to the Information Age will inspire.
Equal Protection For Illegitimate Children Conceived By Artificial Insemination, John M. Dwyer
Equal Protection For Illegitimate Children Conceived By Artificial Insemination, John M. Dwyer
San Diego Law Review
This Comment explores the equal protection rights of illegitimate children born to artificially inseminated women in light of the Uniform Parentage Act (UPA), which guarantees equal treatment under the law for all children, and California's adoption of a modified version of the UPA. The author considers the conflict between those rights and the right of unmarried women to procreate and concludes that the California modifications of UPA section 5(b) are unconstitutional because they violate the equal protection rights of illegitimate children born to artificially inseminated women, and that they actually contradict the purpose of the Act. The author suggests that …
Risk In The 1980'S: New Perspectives On Managing Chemical Hazards, Cheryl F. Coodley
Risk In The 1980'S: New Perspectives On Managing Chemical Hazards, Cheryl F. Coodley
San Diego Law Review
This Article examines and critiques pending Congressional proposals for the way we manage risk and focuses on the regulation of substances that are potentially carcinogenic. The author argues that the federal role in risk management of carcinogenic substances has grown along with the extent of public concern. The author reviews the current federal regulatory framework and then analyzes pending Congressional proposals for changes in federal risk management. The author concludes that recent legislative proposals for centralization of scientific fact-finding would not result in greater consistency and predictability, and that agency coordination and use of scientific advisory panels offer less dramatic, …
The Impact Of Manned Space Stations On The Law Of Outer Space, Hamilton Desaussure
The Impact Of Manned Space Stations On The Law Of Outer Space, Hamilton Desaussure
San Diego Law Review
This Article examines the legal issues surrounding the use of manned space stations. The author argues that, within the decade, men and women will be living and working onboard space stations on a routine and repetitive basis and that, not long thereafter, the near outer space will become a common workplace for employees of the world's most venturesome commercial enterprises. The author describes the efforts by the various nations to develop and implement manned space stations. This article raises some of the important legal problems that will have to be considered and resolved in order to achieve the most harmonious …
Ice-Covered Areas: The Competing Interests Of Conservation And Resource Exploitation, John Warren Kindt, Todd Jay Parriott
Ice-Covered Areas: The Competing Interests Of Conservation And Resource Exploitation, John Warren Kindt, Todd Jay Parriott
San Diego Law Review
This Article examines the various issues surrounding the exploitation of ice-covered areas. The author examines the resource potential of these areas, as well as the economic and environmental implications of resource exploitation in these areas. The author argues that hypersensitivity of the environment and ecology in these areas requires some minimal legal safeguards to prevent potentially irreversible damage. The author suggests that the legal regime which would best protect the ice-covered areas is that of an international marine sanctuary, but that such a regime is probably not attainable due to increasing worldwide pressure for commercial exploitation of the areas' valuable …
Bargaining Over The Introduction Of Robots Into The Workplace, Roxanne Story Parks
Bargaining Over The Introduction Of Robots Into The Workplace, Roxanne Story Parks
San Diego Law Review
This Comment considers whether, and under what conditions, an employer must bargain with the union representing its workers about a decision to introduce robots. The author argues that, because of the profound impact a decision to automate is likely to have upon "terms and conditions of employment," an employer should be required to bargain collectively with the union representing the affected employees prior to implementation of the decision. The author concludes that, only in this way, can the rights of workers facing technological displacement be ensured.
Tender Offer Defenses: The Need For National Guidelines In Light Of Mobil, Timothy N. Will
Tender Offer Defenses: The Need For National Guidelines In Light Of Mobil, Timothy N. Will
San Diego Law Review
This Comment examines the increase in corporate takeovers through the use of tender offers and the protections afforded shareholders under the Williams Act, in light of the Sixth Circuit's decision in Mobil Corp. v. Marathon Oil Co. The author argues that the Act protects shareholders by prohibiting the tender offeror or the tender offeree from engaging in manipulative acts, but that the Act does not protect share-holders from the inherent conflict of interest directors are faced with when confronted with a hostile tender offer. The author examines the Williams Act and the meaning of manipulation, and asserts that the Sixth …
Proposal For A Workable Good Faith Exception To The Exclusionary Rule: Prospective Judgments, Kelly J. Salt
Proposal For A Workable Good Faith Exception To The Exclusionary Rule: Prospective Judgments, Kelly J. Salt
San Diego Law Review
This Comment addresses the workability of a good faith exception to the exclusionary rule. The author begins by reviewing the development of the exclusionary rule and the good faith exception, and then discusses the arguments against the exception. The author argues that various Supreme Court decisions illustrate the Court's willingness to reevaluate the objectives of the exclusionary rule and portend the adoption of a good faith exception in which evidence will be held admissible when an officer acts under the reasonable, though mistaken, belief that his search or seizure was legal. The author proposes a prospective judgment procedure, which preserves …
Laying Down The Law To Robots, Michael Gemignani
Laying Down The Law To Robots, Michael Gemignani
San Diego Law Review
This Article discusses the nature of the challenges to the law posed by the rapidly developing field of computer technology. The author argues that, if the law is to retain vitality as the framework within which society operates, it must respond to technological forces that threaten the law with obsolescence. The author focuses on robots as symbols of machines performing functions usually reserved to human beings. The author identifies several specific legal areas in which the use of computers raises novel, and as yet unanswered questions, and surveys the legal and ethical issues surrounding the expanded use of computer technology, …
The Tender Years Presumption: Is It Presumably Unconstitutional, Robb Strom
The Tender Years Presumption: Is It Presumably Unconstitutional, Robb Strom
San Diego Law Review
This Comment examines a common presumption that arises in disputes between the natural parents of young children, the presumption that custody should be awarded to the mother. The author argues that this presumption is based on the perception of mothers as better custodians through their physical caretaking ability and cultural biases regarding the role of women in the family. The author argues that the tender years presumption violates the equal protection clause of the fourteenth amendment. The author explores and questions the basic assumptions behind the presumption and argues that there is a lack of factual support for the legislative …
Confronting The Question Of Clinical Faculty Status, Grant H. Morris, John H. Minan
Confronting The Question Of Clinical Faculty Status, Grant H. Morris, John H. Minan
San Diego Law Review
This Article examines the status of clinical faculty in American law schools, and the American Bar Association's proposed Rule 405(e), which would impose clinician job security as a requirement of law school accreditation. The authors argue that as clinical education has become an accepted part of American legal education, law schools have been asked to enhance the status of clinicians teaching in their clinical programs. The authors analyze the various security arrangements permitted by Standard 405(e), recommends use of the regular tenure track option, and specifies guidelines to be utilized in decisions to hire and tenure clinicians.
A Common Sense Approach To Understanding Statistical Evidence, David W. Barnes
A Common Sense Approach To Understanding Statistical Evidence, David W. Barnes
San Diego Law Review
This Article presents a straightforward and intuitive method for understanding and interpreting statistical evidence submitted to courts as proof of factual issues. The author's goal is to overcome the reader's fear and loathing of statistics by relating all statistical methods to the concepts of numerical differences between numbers and similarities or correspondences between numbers. The author draws from cases from a wide variety of substantive law areas such as civil rights, employment discrimination, contracts, environmental law, energy law, constitutional law, deceptive advertising, and highway traffic safety. The author begins by discussing the concept of subtraction and proceeds through percentages and …
Other-Than-Honorable Military Administrative Discharges: Time For Confrontation, Charles P. Sandel
Other-Than-Honorable Military Administrative Discharges: Time For Confrontation, Charles P. Sandel
San Diego Law Review
This Comment examines the military's current procedure for discharging service-members and imposing undesirable, other-than-honorable service, characterizations on their service records. The author suggests that due to the potential for erroneous imposition of damaging other-than-honorable service characterizations, the process of handling such discharges should be made procedurally more careful. The author further suggests that either additional due process rights be grafted onto the current administrative discharge system, or that the other-than-honorable discharge process be placed in the hands of the military court-martial system.
State Unitary Business Taxation: Are Multinational Corporations Being Subjected To An Unconstitutional Tax, Douglas M. Ventura
State Unitary Business Taxation: Are Multinational Corporations Being Subjected To An Unconstitutional Tax, Douglas M. Ventura
San Diego Law Review
This Comment examines the constitutionality of the unitary method of taxation as it is applied to corporations with foreign parents. The author argues that many state governments have found themselves lacking necessary funds, and that in an attempt to replenish their depleted budgets, several states have adopted the unitary method for taxing corporations. The author discusses the constitutionality of preemptive federal legislation barring the unitary method and proposes a solution for striking the delicate balance between states' rights and the need for strong foreign trade.
Cetacean Rights Under Human Laws, Mary A. Winters
Cetacean Rights Under Human Laws, Mary A. Winters
San Diego Law Review
This Comment addresses the recent controversy surrounding the award of a permit to Sea World, Inc., pursuant to the Marine Mammal Protection Act of 1972, allowing them to scientifically study ninety orca whales and capture ten whales for public display. The author analyzes the standards a court would use to review the controversial permit, and discusses the proposed legal actions and options of those opposed to the permit. The author then changes perspective and advocates protecting the animals by granting cetaceans themselves legal rights, and examines the justifications and advantages of this new approach.
The 1982 Convention And Customary Law Of The Sea: Observations, A Framework, And A Warning, John King Gamble Jr., Maria Frankowska
The 1982 Convention And Customary Law Of The Sea: Observations, A Framework, And A Warning, John King Gamble Jr., Maria Frankowska
San Diego Law Review
This Article examines the relationship between the 1982 Law of the Sea Convention and customary international law of the sea. The authors warn against the simple inquiry of whether the 1982 Convention codifies existing customary law, and propose a three-category approach with which to analyze the Convention's provisions. The authors argue that the relationship between the 1982 Convention and customary international law is an organic, interactive process that will preoccupy legal scholarship for the rest of the decade and that any attempt to arrive at a definitive treatment of this issue would be impossible.
Recent Developments In The Law Of The Sea 1982-1983, Jean E. Polhamus
Recent Developments In The Law Of The Sea 1982-1983, Jean E. Polhamus
San Diego Law Review
This Synopsis highlights major events occurring between December 1982 and December 1983 that affect the law of the sea. It discusses events occurring after the United Nations Convention on the Law of the Sea was opened for signature on December 10,1982, the continuing responsibilities of the Third United Nations Conference on the Law of the Sea, the United States' refusal to sign the 1982 Convention, and its subsequent actions, and other significant events outside the conference.
Extension Of Ocean Dumping Legislation Under The Marine Protection, Research, And Sanctuaries Act To A United States Exclusive Economic Zone, Arlene Koval
San Diego Law Review
This Comment addresses President Reagan's March 10, 1983 Proclamation declaring a 200-mile Exclusive Economic Zone for the United States and the issue of the application of national legislation to that zone. The author discusses the feasibility of extending domestic ocean dumping legislation under the Marine Protection, Research, and Sanctuaries Act to a United States Exclusive Economic Zone in the context of existing international agreements dealing with ocean dumping.
Treating A Vessel Like A Home For Purposes Of Conducting A Search, Barry Vrevich
Treating A Vessel Like A Home For Purposes Of Conducting A Search, Barry Vrevich
San Diego Law Review
This Comment examines recent decisions by the United States Supreme Court which indicate the Court is prepared to authorize the full warrantless search of a vessel subsequent to a lawful, random boarding, even in the absence of an articulable suspicion of wrongdoing. The author argues that the creation of a new "maritime safety and document inspection" exception to the fourth amendment's warrant requirement and probable cause standard would be an unprecedented and unjustified infringement on the constitutional rights of individual mariners. The author argues that, because a mariner's home is often his vessel, a warrant should be required to search …
Prospects For Increased State And Public Control Over Ocs Leasing: The Timing Of The Environmental Impact Statement, Edward Corwin
Prospects For Increased State And Public Control Over Ocs Leasing: The Timing Of The Environmental Impact Statement, Edward Corwin
San Diego Law Review
This Comment reviews the current opportunities for state, local government, and public influence on the Department of Interior's Outer Continental Shelf decisions. The author argues that, while federal statutory procedures provide local governments and the public various opportunities to provide input regarding oil and gas leases on the Outer Continental Shelf, these channels of input fall far short of facilitating effective participation by these groups in federal decisions concerning those leases. The author suggests that earlier public availability of the Draft Environmental Impact Statement may remedy some of the inadequacies of the current process.
Conflict Resolution In The Assignment Of Area Entitlements For Seabed Mining, J. M. Broadus, Porter Hoagland Iii
Conflict Resolution In The Assignment Of Area Entitlements For Seabed Mining, J. M. Broadus, Porter Hoagland Iii
San Diego Law Review
This Article examines the conditions creating a need for, and the procedures being implemented to achieve, resolution of conflicts over deep seabed areas sought for exclusive exploration entitlements. The author argues that if and when deep seabed mining takes place, certain tangible advantages will accrue to nations or organizations that have obtained entitlements to exclusivity of activity within areas of the seabed. The author further suggests that the development of legal assurances of exclusivity and security of work within a claimed area has been proceeding along two different tracks, the 1982 Convention, and a prospectively complementary but currently separate and …
Uncharted Waters: Non-Innocent Passage Of Warships In The Territorial Sea, F. David Froman
Uncharted Waters: Non-Innocent Passage Of Warships In The Territorial Sea, F. David Froman
San Diego Law Review
This Article examines the nature of the right of innocent passage for warships in a territorial sea. The author argues that, although a right of innocent passage for warships appears in the 1982 Convention on the Law of the Sea, the practices of many coastal States conflict with the Convention's provisions and cloud resolution of several central questions, such as who decides whether passage is innocent or non-innocent, by what criteria, and what sanctions exist. Drawing upon the Convention, coastal State legislation, and recent submarine intrusions of Swedish and Norwegian waters, the author concludes that modern notions of sovereignty, which …
Offshore Oil Platforms Which Pollute The Marine Environment: A Proposal For An International Treaty Imposing Strict Liability, Melissa B. Cates
Offshore Oil Platforms Which Pollute The Marine Environment: A Proposal For An International Treaty Imposing Strict Liability, Melissa B. Cates
San Diego Law Review
This Comment considers the legal ramifications of an offshore oil well explosion that spills oil into the marine environment of another nation. The author suggests that no effective international law exists to govern the legal issues spawned by these incidents, including questions of liability, damages, and compensation. The author proposes the development of a new international treaty imposing strict liability on a nation when an offshore structure within its jurisdiction causes transnational oil pollution. The author argues that the current utilization of the strict liability concept in various sources of "customary" international law supports this standard of liability.
Institutional Aspects Of Fishery Management Under The New Regime Of The Oceans, J. E. Carroz
Institutional Aspects Of Fishery Management Under The New Regime Of The Oceans, J. E. Carroz
San Diego Law Review
This Article reviews the changes already made or envisaged in light of the relevant provisions of the 1982 United Nations Convention on the Law of the Sea and the biological characteristics of the living resources of the sea. The author argues that the establishment of exclusive economic zones necessitates the alteration of institutional arrangements developed over the last decades to promote international cooperation in the management of fisheries. The author describes the establishment of a network of regional fishery bodies and analyzes the effect of the 1982 Convention provisions concerning the institutional aspects of fishery management. The author then reviews …
The International Regulation Of Small Cetaceans, Cynthia E. Carlson
The International Regulation Of Small Cetaceans, Cynthia E. Carlson
San Diego Law Review
This Article examines the current international regulatory regime for the conservation and management of cetaceans. The author argues that there are approximately sixty species of small cetaceans, but because the primary focus of the International Whaling Commission (IWC) has been the setting of commercial harvest levels and conservation measures for large cetaceans, nations have assumed that the IWC's jurisdiction is limited to the regulation of larger species, although nowhere in the IWC Convention or in any rule or regulation is the term "whale" defined. The author argues that, in light of the fact that the harvest levels of small cetaceans …
The Unruh Civil Rights Act: Is A Private Club A Business Establishment After O'Connor V. Village Green Owners Ass'n?, Bradley D. Schwartz
The Unruh Civil Rights Act: Is A Private Club A Business Establishment After O'Connor V. Village Green Owners Ass'n?, Bradley D. Schwartz
San Diego Law Review
This Comment examines the California Supreme Court's holding in O'Connor v. Village Green Owners Ass'n, in which the court held that the Unruh Civil Rights Act, which prohibits discrimination by "all business establishments of every kind whatsoever," prevents the exclusion of children from a condominium complex. The author suggests that the court's finding that a condominium owners association falls within the Unruh Act's reference to "business establishments" expands the Act's already broad reach. The author further contends that, in light of the court's holding, most private clubs are also "business establishments" under the Unruh Act, making discrimination by them violative …
Family Exclusion Clauses: Whatever Happened To The Abrogation Of Intrafamily Immunity, Timothy G. Fielden
Family Exclusion Clauses: Whatever Happened To The Abrogation Of Intrafamily Immunity, Timothy G. Fielden
San Diego Law Review
This Comment addresses the use of family exclusion clauses in automobile and homeowner insurance policies in California. The author argues that, while these provisions are specifically authorized in automobile policies by statute, legislative justification for such exclusions is lacking for homeowner policies. The author argues that family exclusion clauses should be eliminated in both automobile and homeowner policies because the clauses violate well-settled tort principles, as well as public policy. The author urges the California Supreme Court to reconsider its holdings abolishing intrafamily immunity and declare family exclusionary clauses in homeowner policies void as against public policy. The author further …